Manahor Singh vs State Of Madhya Pradesh

Anil Verma, J

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail relating to Crime No.810/2023 registered at P.S. Alot, District Ratlam (M.P.) for commission of offence punishable under Sections 294, 323, 324, 506, 307 and 34 of IPC. He is in jail since 18/04/2024.

As per the prosecution story, on 15/11/2023 complainant Gatukunwar lodged an FIR at P.S. Alot, District Ratlam by stating that she along with her husband were going for agricultural work on their field, at that time, co-accused Bhagwansingh came there and threw away the wood from boundary of agricultural field stored by complainant's husband / present applicant Manoharsingh. After that complainant's husband went to put back the same in place. On this, co-accused Bhagwansingh started abusing him in filthy language and other co-accused persons came there and co-accused Jayant by means of axe hit on the head, hand and back of the Manoharsingh, due to which he sustained fatal injuries. When the complainant Gatukunwar came for intervention, then Mayur Rao and Jayant Rao beaten the complainant by using stick and kick and fist respectively. Thereafter, she called the Virendra Singh and Mahendra Singh, then co-accused Bhagwansingh and Gamansingh also beaten both of them by means of wooden sticks, due to which they also sustained injuries. Accordingly, a case has been registered.

Learned counsel for the applicant submits that applicant is innocent person and he has been falsely implicated in this matter. Applicant is in jail since 18/04/2024. Co-accused Bhagwansingh and Gamansingh have been enlarged on bail by this Court vide order dated 22/12/2023 passed in M.Cr.C.No.56560/2023. Other co-accused Mahendra and Jayat Rao have also been enlarged on bail by this Court vide order dated 09.02.2024 and 23.01.2024 passed in MCRC Nos.2809/2024 and 58185/2023 respectively in the similar circumstances. Cross-case has also been registered against the opponent party. Applicant himself has sustained fatal injury in the incident and he was hospitalized for a period of about 20 days. Applicant has no enmity with the complainant party. He went on the spot for intervention. Applicant is the permanent resident of District Ratlam and final conclusion of trial will take considerable long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

4 . Per-contra, learned counsel for respondent/State opposes the bail application and prays for its rejection by submitting that one criminal antecedent under Sections 323 and 294 of IPC has been found against the present applicant, therefore, he does not deserve for bail.

Perused the case diary as well as the impugned order of the court below.

6 . Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that Bhagwansingh and Gamansingh have been enlarged on regular bail; other co-accused Mahendra and Jayat Rao have also been enlarged on bail; investigation is almost over; a cross-case has also been registered against the opponent party; present applicant also sustained fatal injury in the incident and was hospitalized for about 20 days and final conclusion of trial will take considerable long time. In these circumstances, I deem it proper to release the applicant on bail. Therefore, without commenting on the merits of the case, the application is allowed.

It is directed that the applicants be released on bail upon his furnishing a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

Certified copy as per rules.