Hemraj vs State of Madhya Pradesh

B.D. Rathi, J.—Heard on bail application.

Case-diary has been perused.

Applicant has been arrested on 02-02-2014 in connection with Crime No. 625/2013 registered at Police Station, Civil Line Morena for the offence punishable under Sections 307 and 302/34 of IPC.

As per prosecution story, incident has occurred on 16-12-2013 at about 7 pm and FIR was promptly lodged at about 8:15 pm by Sahab Singh, son of deceased Babulal. FIR was lodged against the present applicant along three other co-accused persons. The allegations were made that Babulal was assaulted by Manpal, Ramesh Jatav, Dharmendra and present applicant in intoxication. It was alleged that at the time of incident Manpal, Ramesh Jatav and present applicant were armed with Farsa sharp edged weapons and Dharmendra was armed with Lathi and Babulal was beaten by all the persons on 16-12-2013 but in MLC report two lacerated wounds were found present over the body of deceased while in the post mortem report prepared on 17-12-2013, 12 ante-mortem injuries were found present on the dead body of Babulal. All the 12 injuries were lacerated wounds and no injury caused by a sharp edged weapon was found present. On the same set of evidence, co-accused Ramesh Jatav has already been enlarged on bail by this Court vide order dated 11-04-2014 in M.Cr.C. No. 2765/2014. It was also alleged that one Farsa below was caused by the present applicant but no corresponding incised injury was found present on the body of Babulal in MLC and autopsy report.

Prayer for bail was made on the ground that in absence of corresponding injury of Farsa, charge-sheet has also been filed, applicant has no criminal antecedents and final disposal of trial shall take time.

Prayer for bail was opposed by learned Panel Lawyer on the ground that sufficient evidence is available against the applicant, hence he does not deserve for any bail.

Looking to the facts and circumstances of the case and the fact that on the same set of facts co-accused Ramesh Jatav has already been enlarged on bail, but without commenting on the merits of the case, the present application is allowed on the ground of parity. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs. 1,00,000/- (Rs. One Lac Only) with one solvent surety of the like amount to the satisfaction of the Trial Court for his regular appearance before the trial Court on the condition that he shall remain present before the Court concerned during the trial and shall also comply with the conditions enumerated u/s 437(3) of Cr.P.C. and so also as imposed by the trial Court.

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

Certified copy as per rules.