Lakhan @ Laakhan vs State Of Madhya Pradesh

Sunita Yadav, J

The applicant has filed this first application u/S 439, Cr.P.C. for grant of bail.

T he applicant has been arrested by Police Station Naisarai, District Ashoknagar (M.P.) in connection with Crime No. 127 of 2022 registered for the offence punishable under Sections 326, 324, 323, 294, 506, 147, 148 and 149 of IPC.

Prosecution story in brief is that on 01.8.2022, complainant Pahalwan Singh was sitting in front of his house, at that time, present applicant made the stray animals come to his house. When the complainant asked him why he is doing so, all the co-accused persons along with present applicant started hitting him due to which Pahalwan Singh sustained grievous injuries.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. A cross-case has also been registered against the complainant party for offence under Section 302 of IPC at Crime No. 128 of 2022 in the same police station. Since it is a case of free-fight, individual act of every accused has to be seen and according to the prosecution story, present applicant inflicted only a lathi blow on Kanta, who sustained simple injury. Further argument is that the applicant is in custody since 11/10/2022. After conclusion of investigation, charge-sheet has already been filed, therefore, there is no requirement of custodial interrogation of the applicant anymore. He further argued that the co-accused Devendra has since been enlarged on bail by this Court vide order dated 03/11/2022 passed in M.Cr.C. No. 51012/2022 and the case of the present applicant is similar and identical with the case of co-accused Devendra. The applicant has no criminal antecedent. Applicant is the permanent resident of Village - Chhapar, P.S. Naisarai, District Ashoknagar (M.P.) and there is no possibility of is absconding or tampering with the prosecution evidence. Hence, he prays for grant of bail to the applicant.

On the other hand, learned State counsel as well as learned counsel for the complainant opposed the bail application citing the criminal history of the applicant and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh only) with two solvent sureties in the like amount to the satisfaction of the trial Court/committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him/her;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant shall not commit any offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench;

5) The applicant will not seek unnecessary adjournments during the trial; and

6) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.