Lakhan S/O Man Singh vs State Of Madhya Pradesh

S.K. Awasthi, J

They are heard. Perused the case diary / challan papers.

This first application under Section 439 of Criminal Procedure Code, 1973 has been filed by applicant, who is implicated in connection with Crime

No.140/2020 registered at Police Station Chandrawatiganj, District Indore (MP) for offence punishable under Sections 323, 294, 506 and 307 of the

Indian Penal Code, 1860.

The applicant is in custody since 20.11.2020.

As per prosecution story, on 08.11.2020 complainant Sarita Shrivastav lodged a report stating that she works as an ‘Anganwadi Karyakarta’

and next to her agricultural field, field of applicant is also situated. Around four years ago, some dispute arose between the husband of the complainant

and applicant in regard to installation of water pipes between their fields. It is also alleged that often applicant enters into verbal altercation with the

husband of the complainant. On 08.11.2020 at around 02.00 PM when complainant and her husband â€" Manoj were working in the field and at that

time applicant came and showed anger saying that complainant is negligent in her duty and also started abusing her. The act of the applicant was

opposed by Manoj and at that time allegedly applicant assaulted Manoj by means of a spade on his head and as a result of which blood started oozing

out. Thereafter, applicant left the spot threatening complainant and injured Manoj with the dire consequences. Hence, case has been registered against

the applicant.

Learned counsel for the applicant has submitted that the applicant is innocent and he has falsely been implicated in the present crime. It is further

submitted that it is alleged that on the date of the incident quarrel took place between the applicant and wife of injured Manoj; and when Manoj came

on the spot, then the applicant assaulted him by spade due to which he sustained injury on his head and blood started oozing out. According to CT

Scan Report, only hair line fracture was detected in her left partial bone extending up to temporal bone. It is further submitted that there was no

premeditation of mind; the incident took place at the spur of the moment; and the applicant inflicted only single blow to the injured and not repeated the

same. Therefore, no intention can be attributed against the applicant to cause death of injured. It is further submitted that injured was hospitalized only

for a period of three days and thereafter he was discharged; and no abnormality was detected in his brain. The applicant is in custody since

20.11.2020. The investigation is over and charge sheet has already been filed. There is no possibility of his / her absconsion or tampering with the

evidence, if enlarged on bail. Conclusion of the trial will take sufficiently long time. Under these circumstances, learned counsel for the applicant prays

for grant of bail to the applicant.

Learned Panel Lawyer for the non-applicant / State of Madhya Pradesh opposes the bail application by contending that no sufficient ground is made

out for releasing the applicant on bail; hence he / she prayed for rejection of the application.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the

merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in

the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of trial Court, for his / her regular

appearance before the trial Court during trial with a condition that he / she shall remain present before the Court concerned during trial and shall also

abide by the conditions enumerated under Section 437 (3) of Criminal Procedure Code, 1973.

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

Certified copy, as per rules.