Akhilesh Yadav vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

This is the fourth application filed under Section 439 Cr.P.C. for grant of bail. Applicant Akhilesh Yadav was arrested on 24.02.2020 in connection

with Crime No.284/2019 registered at Police Station Malthon, District Sagar (M.P.) for the offence punishable under Sections 147, 148, 149, 307, 323,

324, 294 of IPC.

The earlier bail applications filed by the applicants were dismissed as withdrawn by this Court vide orders dated 19/05/2020, 18/08/2020 & 06/11/2020

passed in M.Cr.C.Nos.11653/2020, 25006/2020 & 38027/2020 respectively.

As per the prosecution case, on 27.11.2019 at 1:00 pm applicant Akhilesh Yadav and co-accused Amar Singh Yadav, Hari Singh, Vikram Yadav,

Hakam Yadav and Kamlesh Rani armed with stick, axe and rod came to complainant Ramkeshani’s house situated at village Dari, Malthon

and abused him. When Jagpal Yadav, Sheelarani Yadav and Archana Yadav objected, applicant assaulted Jagpal with axe, due to which he sustained

injury in his head. When Sheelarani and Archana came to rescue him, applicant and co-accused Amar Singh and Hari Singh assaulted them with axe.

Co-accused Vikram Yadav also assaulted complainant Ramkeshani Yadav by rod. At that time, co-accused Hakam Singh came there and assaulted

complainant Ramkeshani Yadav with stick. On hearing complainant’s shouting, Prem Narayan Yadav, Surendra Yadav, Sachin Yadav,

Gendarani, Ramrani Yadav and Golu Yadav came to rescue him. They also assaulted them with rod, stick and axe due to which they also sustained

injuries.

Learned counsel for the applicant submits that applicant has not committed any offence and has falsely been implicated in the offence. The statements

of injured/eyewitnesses of the incident i.e. Ramkishan Yada (PW/1), Sachin (PW/2), Surendra (PW/3), Archana (PW/4), Golu (PW/5), Jagpal Yadav

(PW/6), Sheelrani (PW/7), Genda Rani (PW/8), Ramrani (PW/9) & Prem Narayan (PW/10) have been recorded by the trial Court.

They did not support the prosecution story and turned hostile. The applicant has been in custody since 24.02.2020. The charge-sheet has been filed

and the conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the State opposed the prayer.

Looking to the facts and circumstances of the case, the contention of learned counsel for the applicant and the fact that the statements of

injured/eyewitnesses of the incident i.e. Ramkishan Yadav (PW/1), Sachin (PW/2), Surendra (PW/3), Archana (PW/4), Golu (PW/5), Jagpal Yadav

(PW/6), Sheelrani (PW/7), Genda Rani (PW/8), Ramrani (PW/9) & Prem Narayan (PW/10) have been recorded by the trial Court, the applicant is in

custody since 24.02.2020 and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is

directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in

the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this

behalf by the trial Court during the pendency of trial.

 This order will remain operative subject to compliance of the following conditions by the applicant :-

 1. The applicant will comply with all the terms and conditions of the bond executed by him ;

 2. The applicant will cooperate in the trial;

 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without prior permission of the trial Court.

C.C. on payment of usual charges.