Dhananjay vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

This is first bail application filed by the applicant under Section 439 of Cr.P.C. in connection with FIR/Crime No.150/2023 registered at Police Station, Juni Indore, District Indore (M.P.) for offence punishable under Section 307, 294, 506, 34 of the IPC.

A s per prosecution case, complainant Rajkumar@Deva is a press reporter. On 21.4.2023 at 10:45 p.m. he had gone infront of Sapna Sangita Talkies for coverage of some moment, at that time present applicant-Dhananjay along with co-accused persons came there. Present applicant-Dhananjay grabbed the collar of complainant's shirt, co-accused Harsh@Tillu assaulted the complainant on his head by lathi and co-accused Waqaar assaulted on his helft hand by means of lathi. FIR has been lodged against applicant and co-accused persons.

Learned counsel for the applicant submits that as per the prosecution case he only caught hold shirt of the complainant and has not assaulted him. Applicant is in custody since 09.05.2023. After completion of investigation charge sheet has been filed. Trial will take sufficient long time for its disposal, therefore, it is prayed that the present applicant be released on bail.

Learned Panel Advocate for the respondent/State has objected the prayer and submits that applicant is having criminal past and there are two criminal cases registered against him therefore, he is not entitled for bail.

Heard learned counsels for both the parties and perused the case diary. Having considered the rival submissions and on perusal of the case diary, looking to the facts and circumstances of the case coupled with the fact that final conclusion of the trial is likely to take sufficient long time, without commenting anything on the merits of the case, the application is hereby allowed.

T h e applicant-Dhananjay is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she 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.

Certified copy as per rules.