Lakhan vs The State of Madhya Pradesh

Mrs. S.R. Waghmare, Judge

By this application filed u/s 439 of the Cr.P.C. applicant Lakhan has moved the application for grant of bail being implicated in Crime No. 294/2011 registered by police station Kshipra, Indore for offence under Sections 302, 147, 148, 149 & 307 of the IPC. Counsel for the applicant has drawn attention to this Court regarding the order of granting bail to co-accused Jagdish & Ramchandra in M. Cr.C. No. 5318/2012. Counsel for the applicant submitted that the bail had been granted on the basis that genesis of occurrence was suppressed since the prosecution had failed to give any explanation regarding the injury sustained by the applicant also. Counsel for the applicant No. 2 Ramchandra had also sustained injury and the part of his ear was cut off. Similarly six other injuries were sustained by assault of the complainant party. Moreover, placing reliance in the Lakshmi Singh and Others Vs. State of Bihar, . Counsel urged that it was essential to decide as to who was the aggressors, the prosecution has come out with the two versions and hence Counsel submitted that in the cross-case the complainant party had already got bail and on the grounds of parity also the applicant was entitled to the same.

Counsel for the respondent/ State, on the other hand, has opposed the submissions of the Counsel for the applicant and has submitted that the applicant was fully implicated in the matter. He, however, candidly admitted that co-accused Jagdish & Ramchandra had got bail under the same identical circumstances. Counsel submitted that the complainant party had got bail in the cross-case also. Counsel prayed for dismissal of the application.

On considering the above submissions, the impugned order and material available in the case diary and looking to the nature of allegations and fact that the applicant is in jail since 23.09.2012, I find that it is a fit case for grant of bail. The application is, therefore, allowed.

However, stringent measures need to be imposed, therefore, it is ordered that the applicant be released on bail on his furnishing a bail bond for a sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one surety of like amount to the satisfaction of the Trial Court for his appearance before the concerned trial Court on all dates of hearing as may be fixed by the Trial Court in this behalf during the pendency of trial.

By way of abundant caution, it is further directed that he shall also mark his presence in the concerned police station on the first Sunday of every month between 10.00 a.m. to 12.00 noon during pendency of the trial. Any default in attendance in court and marking presence in the concerned police station, would result in cancellation of bail granted by this Court thereby entitling the police to take the applicant in custody immediately.

It is also directed that the applicant shall abide by all the conditions enumerated u/s 437(3) of the Cr.P.C. Cc. as per rules.