Krishna And Others vs State Of Madhya Pradesh

Subodh Abhyankar, J

This order shall also govern the disposal of Miscellaneous Criminal Case No.61051/2021, as these cases have arisen out of the same Crime

No.372/2021.

These are the applicants' first applications under Section 439 of Criminal Procedure Code, 1973, as they have been arrested in connection with Crime

No.372/2021 registered at Police Station Daloda, District Mandsaur (MP) for offence punishable under Sections 294, 326, 325, 323, 506, 147, 148 and

149 of the Indian Penal Code, 1860.

The applicants are in jail since 26.12.2021 and 20.10.2021 respectively.

It is alleged that the applicants and the other accused persons assaulted the complainant party wherein one Karulal suffered head injury.

Learned counsel for the applicants have submitted that all the members of the parties concerned are the close family members and they have also

settled the matter out of the Court and a cross case was also registered against the complainant party at Crime No.373/2021.

It is submitted that the applicants are in jail since 26.12.2021 and 20.10.2021 respectively and the final conclusion of the trial is likely to take

sufficiently long time and no purpose would be served to keep the applicants in jail, especially when there are no criminal antecedents of the applicants

and the dispute was purely within the family itself.

Thus, it is submitted that the applicants be released on bail. Learned counsel for the objector / complainant has submitted that he has no objection if the

bail applications are allowed. An affidavit of complainant Shamubai in support of the bail application (s) has also been placed on record.

Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that Karulal suffered head injury in the incident.

Hence, no case for grant of bail is made out.

On due consideration of the rival submissions and on perusal of the case diary, this Court finds force with the contentions raised by the learned

counsel for the applicants.

Accordingly, without commenting on the merits of the case, the application (s) filed by the applicants is allowed. The applicants are directed to be

released on bail upon each of them furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety of

the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial, with a condition that they shall

remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure

Code, 1973.

It is also observed that after their release from jail if the applicants are again found to be involved in any other criminal activities, then the present bail

order shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case

also.

This order shall also be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.