Hem Singh vs State of M.P.

D.K. Paliwal, J.—Heard.

This is first bail application u/s 439 of Cr.P.C. The applicant has been arrested in Crime No. 190/2014 registered at Police Station, Janakganj, Gwalior, District Gwalior, under Sections 307, 294, 34 of IPC.

As per the prosecution case, the complainant Ramjilal was sitting in Kirana shop. At about 9.00 PM Jagdish came to the shop of the complainant and asked for a packet of cigarette. The complainant supplied the packet and asked for payment, then Jagdish started abusing him. When the complainant objected, Jagdish took out knife and gave blow on the head of the complainant. On hearing the noise, nephew of the complainant namely Raghuveer came there. In the meantime, Hem Singh, Jai Singh and Ashok came there armed with iron, Luhangi and Lathi and assaulted Raghuveer. Jagdish gave a knife blow on the left 5 cheek of Raghuveer. Ashok gave a blow by means of Luhangi, Jagdish gave another blow by means of knife. When Mahendra, Udai Singh, Jogendra, Sanjoo came to save, they were also beaten.

It is submitted by learned counsel for the applicant that applicant has been falsely implicated. He has not committed any offence. There is no allegation against the applicant for causing injury to the complainant Ramjilal. The co-accused Ashok has been granted bail. The applicant is in custody since 23.6.2014. Trial will take some time. Therefore, the applicant be released on bail.

The prayer is opposed by learned Public Prosecutor.

Case diary perused. The allegation against the applicant is for causing injuries by means of Luhangi to Mahendra, Udai, Jogendra and Sanjoo. As per the medical report of Mahendra Singh, he has received fracture of base of proximal phalanx of 5th finger of left hand. Considering the allegation against the applicant and the fact that charge sheet has been filed, the applicant is under custody since 23.6.2014, but without commenting on the merit of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance.

C.c. as per rules.