Kamlesh And Anr vs State Of M.P

Anil Verma, J

Applicants have filed this second bail application under Section 439 of the Code of Criminal Procedure, 1973. They are in Jail since 27.9.2021 in connection with Crime No.227/21 registered at P.S. - A. Badodiya (Avantipur), District Shajapur (M.P.) for commission of offence punishable under Section 294, 331, 365, 506, 34, 323, 325, 307, 147, 148, 149 of IPC.

As per the prosecution story, complainant Karan Singh lodged a Dehati Nalishi by stating that on 17.9.2021 at about 2-3 p.m. Shyam Verma called him and asked him to come outside the village. When he went there, co-accused Shyam Verma, Nakul alongwith 3-4 persons were present there and they told him that their tractor has been stolen and asked him to get it back. On denial by the complainant, they forcefully caught hold him and took him to the farm house of Shyam Verma, where they beat him by using the belt and wooden sticks, due to which complainant sustained one grievous injury and some simple injuries. On the basis of the Dehati Nalishi, offence has been registered against the present applicants and other co-accused persons.

Learned counsel for the applicants submits that applicants are innocent and they have been falsely implicated in this offence. He further submits that the applicants are in jail since 27.9.2021, they have not been named in the FIR, they are permanent resident of District Sehore, they have no criminal past and both are students. Hence he prays that applicants be released on bail.

Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection.

Perused the case diary as well as the impugned order of the court below.

Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation and also taking note of the fact that applicants are in custody since 27.9.2021, investigation is over, charge sheet has been filed and no further custodial interrogation is required, applicants are young person aged about 22 years and that final conclusion of trial will take long sufficient time, I deem it proper to release the applicants on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicants-Kamlesh and Deependra be released on bail upon their furnishing a personal bond in the sum of Rs.70,000/- (Rs. Seventy Thousand only) each with one solvent surety in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required. The applicants shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

Before releasing the applicants from the custody, the Jail Authorities are directed to medically examine them in order to rule out the possibility of Covid-19 infections and shall comply with the directions issued by the Hon'ble Apex Court in W.P.No. 01/2020.

C.C. as per rules.