Hemant Jatav vs State of Madhya Pradesh

Appearing counsel for the parties heard on first bail application filed under Section 439 of Cr.P.C. before this Court in relation to Crime No.59/2018,

registered at Police Station Pichhore, District Gwalior, in reference to offence punishable under Sections 452, 294, 323, 324, 294, 506, 34 of the IPC

and later on added Sections 450, 326, 325 of IPC and the produced case diary is perused.

Applicant has been arrested on 15.05.2018 and his bail application under the same provision has already been dismissed by Second Additional Sessions

Judge, Gwalior vide order dated 17.05.2018, whose certified copy is annexed with the bail application.

Appearing counsel for the applicant submits that according to the prosecution story, co-accused persons inflicted injuries by an axe over the head of

injured Daulatram whereas Hemant (applicant) and Chittar Singh co-accused inflicted injuries by stick (Lathi) over the mouth and nose of the

Daulatram. It is further contended by appearing counsel for the applicant that the case of the present applicant is similar to the co-accused Chittar

Singh, who has already been granted benefit of regular bail, whose certified copy is annexed with the application under consideration. Hence, it is

prayed that on the ground of parity with the co-accused person Chittar Singh, who has been granted regular bail by JMFC, Dabra, therefore, the

applicant may also be given benefit of grant of bail.

Per contra, the above-mentioned application has been strongly opposed by learned Public Prosecutor on the ground that according to the city scan

report, fracture of nasal bone and fracture of nasal bone septum and anterior wall of left maxillary sinus bone of Daulatram and according to the X-

ray report of Daulatram, other fractures of right radius bone and left ulna-bone, first and second left metacarpal bones were found. Later on charge-

sheet has been filed under newly added offences punishable under Sections 450, 326, 325 of IPC. Hence, bail application on behalf of present

applicant may be dismissed.

Considering the rival contentions of the parties, without commenting on the merits of the case, it appears from the MLC report and other documents

that the case of the present applicant is not more serious then with co-accused, who has already been granted bail. It further appears from the case

diary that present applicant caused injury by lathi (stick), therefore, on the ground the parity, the application filed under Section 439 of the Cr.P.C. is

allowed.

It is ordered that the applicant â€" Hemant Jatav be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty

Thousand only) with two solvent surety bond of same amount to the satisfaction of Court concerned for his regular appearance on fixed dates with

following conditions:-

The applicant shall not commit any other offence in future.

He shall not try to influence prosecution witnesses by any manner.

Certified copy as per rules.