Bholu Sikarwar @ Dharmendra vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

With the consent, heard finally.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 22.06.2023 in connection with Crime No.1256/2022 registered at Police Station City Kotwali, District Morena (M.P.) for commission of offence punishable under Sections 323, 294, 506, 34, 326 of IPC.

Prosecution story, in brief is that on 8.11.2022 at about 23 hours, when complainant along with his friend went to their house and he reached at Petha factory, Nainagarh Road, then the applicant and co-accused persons met them and on previous enmity, they started abusing them and when complainant and his friend Vijay Sikarwar objected, then applicant assaulted complainant with a brick, while other co-accused persons assaulted him with an iron rod and wooden stick. They also assaulted complainant's friend Vijay with an iron rod, wooden stick and kicks and fists, due to which, they sustained grievous injuries Accordingly, case has been registered against the applicant.

Learned counsel for the applicant submits that as per prosecution case itself, injuries found on the body of the complainant were simple in nature and the injuries found on the body of the complainant's friend Vijay Sikarwar caused by hard and blunt object are attributed to the other co-accused persons, therefore, offence under Section 326 of IPC is not made out against him. Co-accused Raghvendra Sharma has already been enlarged on bail vide order dated 12.05.2023 passed by this Court in M.Cr.C. No.19094/2023. Applicant is in custody since 22.06.2023. His custodial trial is not required. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned Public Prosecutor for the respondent - State opposed the prayer and submits that the applicant and other co-accused persons assaulted complainant and his friend Vijay, who sustained grievous injuries. Offence alleged against the applicant is serious in nature and he has criminal antecedents and two other criminal cases have been registered against him, therefore, he is not entitled for bail.

Having considered the rival submissions and after perusal of material produced on record, nature of injuries found on the body of complainant and his friend Vijay Sikarwar so also considering the other facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the c as e, the application is allowed.

Accordingly, it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) with a solvent surety in the like amount to the satisfaction of the concerned 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. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

This application is allowed and stands disposed of.

Certified copy, as per Rules.