Ankit vs State Of M.P

Subodh Abhyankar, J

This is 1st bail application filed by the applicant under Section 439 Cr.P.C. for grant of bail during trial.

The applicant is facing trial for an offence punishable under Section 307, 34 of the IPC registered with Police Station Manak Chauk, District Ratlam in

Crime no.425/2020. The applicant is in custody since 15/12/2020.

The allegation against the applicant is that he along with other co-accused persons assaulted the complainant resulting in mere fatal injuries.

Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the matter as he was not present on the spot which is

also reflected from the FIR in which his name is missing. Counsel has further submitted that his name has came to light for the first time only when

the complainant gave his statement under Section 161 of the Cr.P.C. after around 15 days of the incident. It is submitted that even otherwise the

complainant has given an affidavit that the present applicant was not present on the spot which has also been affirmed by the counsel appearing for

the complainant/objector that he has no objection if the bail is granted to the applicant. Counsel has further submitted that the applicant has no criminal

antecedents and he is in jail since 15/12/2020, charge sheet has been filed and the final conclusion of trial is likely to take sufficient long time. Learned

counsel for the State on the other hand has opposed the prayer for grant of bail and has submitted that looking to the injuries suffered by the

complainant, no case for grant of bail is made out. It is further submitted that the main accused in the present case is still at large and thus, no case is

made out so far as the present applicant is concerned.

Having considered the rival submissions, on perusal of the case diary as also taking note of the fact that the charge sheet in the present case has

already been filed and the name of the applicant does not reflect in the FIR which had been lodged by the complaint himself and there was no

occasion for him to miss the name of the applicant as he had known the applicant prior to the incident but did not mention his name while lodging the

FIR and also taking note of the fact that the applicant has no criminal antecedents which has been affirmed by the counsel for the State, I am of the

considered view that the application for grant of bail deserves to be allowed and is accordingly allowed.

The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in

the like amount to the satisfaction of the Trial Court for his appearance as and when directed.

It is also directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

Certified copy as per rules.