Luv @ Chintu S/O. Nitin Singh Rajput & Another vs State Of M.P

Vivek Rusia, J

This is first application filed under Section 439 of Cr.P.C. by the applicants â€" Luv @ Chintu S/o. Nitin Singh Rajput and Pratham S/o. Ashok Jaiswal

for grant of bail, who are in custody since 3.8.2021 in connection with Crime No.204/2021 registered at Police Station Rauji Bazar, District Indore for

the offence punishable under Section 294, 323, 324, 326, 506 and 34 of the IPC.

As per the prosecution story, on 12.7.2021 the complainant Vishal Baghel lodged the FIR by disclosing the commission of offence that on 11.7.2021 at

11 pm., he received a call from Sanad who called him near Hathipala Square to meet him. When he reached there, Honey, Rohit, Chintu and Pratham

- present applicants met him and started abusing him by filthy language. Honey took out the knife and inflicted him the injury on the left side of

stomach. Rohit assaulted him by means of stick and the applicants assaulted him by fists and when he shouted, all the accused fled away by

threatening him. Initially, the FIR was registered for the offence u/s. 294, 323, 324, 506 and 34 of the IPC, but later on, on a query report offence u/s.

326 of the IPC has been added.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case. The charge-sheet has been filed and in the entire

charge-sheet, there is no document in respect of admission and treatment of the injured. The Doctor has also not given definite opinion that the injury

is grievous in nature. There is only an allegation against the applicants that they assaulted by fists. The applicants are youth of 21 and 19 years

respectively and their custody with hardcore criminals will spoil their future. He, therefore, prayed for grant of bail to the applicants.

Learned Panel Advocate appearing for the respondent/State opposes the prayer and prayed for rejection of the bail application.

In view of the aforesaid facts and circumstances of the case, without further commenting anything on the merits of the case, it would be appropriate

to enlarge the applicants on bail.

Accordingly, this application is allowed and the applicants are directed to be released on bail upon their furnishing personal bonds in the sum of

Rs.30,000/- (Rupees Thirty Thousand) each with separate solvent sureties in the like amount to the satisfaction of the trial Court for their regular

appearance before the trial Court during the trial with a condition that they shall remain present before the court concerned during the trial and shall

also abide by the conditions enumerated under Section 437(3) Cr.P.C.

Before releasing the applicants from custody the jail authorities are directed to medically examine them in order to rule out the possibility of COVID -

19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.C. as per rules.