Jujhar Singh vs State Of M.P

Satyendra Kumar Singh, J

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 3.6.2021 in connection with Crime No.470/2021 registered at Police Station Badnagar District Ujjain for commission of offence punishable under Sections 323,324,294, 506,307 and, 34 of IPC and Section 25 of the Arms Act.

Prosecution story, in brief, is that applicant along with other two co-accused persons in furtherance with their common intention to kill Mahesh Chouhan assaulted him with deadly weapons; knife/stick on vital part of his body and when Sanjay tried to save him they assaulted him also by deadly weapons; knife and caused injuries.

Learned counsel for the applicant submits that although injuries found in the body of the complainant and witness Sanjay are superficial in nature. They have been discharged from the hospital. Co-accused person Sawant has already been enlarged on bail by the trial Court. Applicant has been falsely implicated in the matter. Applicant is in custody since 3/6/2021. Trial will still take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State opposes the application and submitted that applicant along with other co-accused persons have assaulted the complainant as well as witness Sanjay by deadly weapons; knife/stick and caused grievous injuries to them, therefore, he is not entitled for bail.

Having considered the rival submissions, MLC report of the complainant as well as witness Sanjay and also considering the other facts and circumstances of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant is directed to 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.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.

This M.Cr.C. stands allowed and disposed of.

C. C. as per rules..