Komal Yadav vs State Of M.P

Satyendra Kumar Singh, J

Perused the case diary.

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 16.05.2023 in connection with Crime No.265/2023 registered at Police Station City Kotwali, District Morena (M.P.) for commission of offence punishable under Sections 307, 34 of IPC and Section 25/27 of Arms Act.

Prosecution case, in brief, is that on 14.03.2023 at about 02:45 pm, complainant Vishal Rathore was going towards Vijay Vatika. On the way Lalit Yadav and his brother Komal Yadav were standing in the lane next to Patiram's DP. Lalit Yadav took out the country made pistol from Komal Yadav's waist and fired at complainant with the intention of killing him, which hit his right wrist, due to which he became unconscious and fell down.

Learned counsel for the applicant submits that as per prosecution's case itself, co-accused Lalit Yadav was having previous enmity with complainant and he took out the country made pistol from the waist of applicant and fired on complainant. Applicant did not assist co-accused Lalit Yadav in any manner. Applicant was not having any previous enmity with complainant. He has been falsely implicated in the matter. The investigation has been completed and charge-sheet has been filed. He is in custody since 16.05.2023. His custodial interrogation is not required in the matter. Trial will take time for its conclusion; hence, prayer is made to enlarge the applicant on bail.

Learned counsel for the respondent/State opposes the application by contending that applicant is a habitual criminal and 11 other criminal cases have been registered against him. He assisted the co-accused Lalit Yadav by providing country made pistol. The allegations alleged against the applicant are serious in nature.

Having considered the rival submissions, material pointed out by learned counsel for the applicant, nature of allegations alleged against the applicant, statement of the complainant recorded during investigation and also considering other facts and circumstances of the case, this Court is of the view that 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 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.

This application is allowed and stands disposed of.

Certified copy, as per rules.