Amrit vs State Of Madhya Pradesh

Anil Verma, J

This is first application under Section 439 of Cr.P.C. filed on behalf of the applicant for grant of bail. The applicant is implicated in connection with Crime No.307/2021 registered at Police Station-Kanwan, District-Dhar (MP) for offence punishable under Sections 307, 147, 148, 149, 294, 323, 324 of IPC and Section 25-B of Arms Act. The applicant is in custody since 09.07.2021.

As per prosecution story, complainant Rajesh lodged a report that on 13.6.2021 at about 11:00 a.m., he along with his brother Jagdish, nephew Lakhan, Ravi and Sandeep was ploughing the field by Tractor. At that time accused Amrit, Bharat, Mahesh, Deepak, Vikram, Manish and Arjun came there and started quarreling on the prevailing issue of way to field. Amrit having Farsa assaulted Jagdish on the head. Manish and Arjun assaulted Jagdish by Lathi. Mahesh having sword, assaulted over head of Lakhan. Arjun, Vikram and Deepak also assaulted Lakhan by lathi. Bharat having Farsa caused injury to Ravi over the head. The complainant lodged the report and police registered FIR and during investigation applicant and other co-accused were arrested.

Learned counsel for the applicant contended that applicant is innocent person and due to previous dispute prevailing between the parties with regard to some way, the applicant has been falsely implicated in this offence. He further submits that cross case bearing crime no. 308/21 has been registered against the complainant party for the offences under sections 326, 147, 148, 149 of IPC and under section 25-B of Arms Act at P.S. Kanwan, District Dhar. In the cross case, complainant party has been released on bail by the learned court below. Investigation is complete and charge sheet has been filed. The applicant is 47 years old person and he is sole bread earner of his family. Learned counsel further contended that as per the x-ray report, victim Jagdish did not sustain any boney injury over the skull. He further submits that in this offence, co-accused Arjun and Deepak have been released on bail by this Court vide order dated 02.08.2021 passed in M.Cr.C. No.37358/2021 and M.Cr.C. No. 37352/ 2021 respectively as well as co-accused Mahesh has also been enlarged on bail by this Court vide order dated 25/08/2021 passed in MCRC no. 41324/2021.Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per contra, learned learned government advocate for respondent - State opposes the bail application and supports the order impugned and prays for its rejection.

Shri Devdeep Singh, learned counsel for objector also opposes the bail application and stated that looking to the condition of victim and nature of offence applicant does not deserve for bail. Hence prays for rejection of bail application.

Considering the facts and circumstances of the case and the arguments advanced by the learned counsel for the parties and also keeping in view the fact that co-accused Arjun and Deepak have been released on bail by this Court in this offence and 3 other co-accused persons have been released by the trial court and all the concerned in cross case have been released by the learned court below and investigation is over and charge-sheet has been filed and also taking taking into account the fact that as per X-ray report, no bony injury on the scull of the victim Lakhan has been found and the applicant has no criminal past, I deem it proper to release the applicant on bail.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. Applicant Amrit is directed to be released on bail upon furnishing a personal bond in the sum of Rs.60,000/- (Rupees Sixty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

Before releasing the applicant from custody, the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.

Certified copy as per rules.