Jahan Singh vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 10/6/2023 in connection with Crime No.159/2023 registered at Police Station Gohad, District Bhind (M.P.) for commission of offence punishable under Sections 336, 323, 294, 506, 324 and 326/34 of IPC.

Prosecution story in brief is that on 24/4/2023 at about 18:00 hours when complainant Rajendra Baghel, his sister-in-law Guddibai alongwith others were sitting in front of his house, applicant armed with an axe and other co-accused persons came there and started abusing them. Thereafter, applicant assaulted complainant-Rajendra Baghel and his sister-in-law Guddibai with an axe and caused grievous injuries to them while other co-accused persons started pelting stones, due to which Guddi W/o Sardar, Pramod, Guddi W/o Vinod, Sardar and Durgaprasad also sustained injuries.

Learned counsel for the applicant submits that at the time of incident complainant and his family members themselves were aggressor and they abused and assaulted the applicant, about which FIR bearing Crime No.160/2023 was lodged against the complainant and others. Applicant himself sustained injuries in the incident. All the other co-accused persons have already been enlarged on bail by the Trial Court itself. The applicant is in custody since 10/6/2023. Custodial interrogation of the applicant is no more required. Trial will take certainly long time, therefore, the applicant is entitled for bail.

Learned counsel for the respondent/State opposed the prayer and submits that applicant assaulted the complainant and his sister-in-law Guddibai W/o Vinod with a deadly weapon axe causing grievous injuries. He is the main accused. Offence alleged against the applicant is of serious nature, therefore, he is not entitled for bail.

Heard the learned counsel for both the parties and perused the record.

Having considered the rival submissions, material pointed out by the learned counsel for the applicant, contents of the FIR and statements of the witnesses recorded under Section 161 of Cr.P.C., so also the fact that counter FIR was also lodged against the complainant party and the fact that trial will certainly take long time, without expressing any opinion on the merits of the case, the application is allowed.

7.1 It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

7.2 This application is allowed and stands disposed of. Certified copy as per Rules.