Brajendra Singh & Anr vs State Of M.P

G.S. Ahluwalia, J

This second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First bail application of the applicants was dismissed as withdrawn by order dated 18/02/2022 passed in MCRC No.8780/2022.

The applicants have been arrested on 08/02/2021 in connection with Crime No.300/2021 registered at Police Station Gohad Chauraha, District Bhind for offence under Sections 341, 327, 294, 329 and 506/34 of IPC.

It is submitted by the counsel for the applicants that according to the prosecution case, the applicant No.1 Brajendra Singh was armed with a fire arm whereas, applicant No.2 Lalu @ Lalaram Kushwah had assaulted the complainant on his head twice by Lathi and there is no allegation of firing of gunshot against applicant No.1 Brajendra Singh. He is in jail from 08/02/2021. In view of the criminal antecedents of applicant No.1 Brjaendra Singh, he is ready and willing to abide by any stringent condition, which may be imposed by this Court. However, in view of the allegations that applicant No.2 Lalu @ Lalaram Kushwah had assaulted on the head of the injured twice, which is corroborated by the medical evidence, the counsel for the applicants seeks permission of this Court to withdraw this application filed by applicant No.2 Lalu @ Lalaram Kushwah with liberty to revive the prayer after undergoing some reasonable period of detention.

Per contra, the application filed by applicant No.1 Brajendra Singh is vehemently opposed by the counsel for the State. It is submitted that applicant No.1 Brajendra Singh has a criminal history and one more criminal case for offence under Section 323, 294 and 506 of IPC has been registered against him.

Considering the totality of the facts and circumstances, coupled with fact that there is no allegation of firing a gunshot against applicant No.1 Brajendra Singh and he is in jail for the last one month, the application is allowed. It is directed that applicant No.1 Brajendra Singh be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

So far as the application filed by applicant No.2 Lalu @ Lalaram Kushwah is concerned, the same is dismissed as withdrawn with liberty to revive the prayer after undergoing some reasonable period of detention.

This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.