Mannu vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

This is second application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 8.9.2023 in connection with Crime No.155/2023 registered at Police Station Isagarh, District Ashoknagar (M.P.) for commission of offence punishable under Sections 326, 323, 294, 506, 34 of IPC.

Applicant's first application filed under Section 439 of Cr.P.C. was allowed vide order dated 25.9.2023 passed in M.Cr.C.No.42909/2023 with liberty to revive his prayer after filing of the charge sheet.

Prosecution case, in brief, is that on 21.4.2023 at about 12:00 hours when complainant Bharat Kewat was going towards Panchlana Road by his motorcycle and reached ahead to temple near hand pump, applicant and co-accused persons on prior enmity started abusing him and when complainant objected to it, applicant assaulted him with axe due to which his little finger of left hand was imputed. Other co-accused persons also assaulted him with wooden stick.

Learned counsel for the applicant submits that after dismissal of his earlier application filed under Section 439 of Cr.P.C., investigation has been completed and charge sheet has been filed. Co-accused persons have already been enlarged on bail. He has falsely been implicated in the matter only due to prior enmity. Applicant is in custody since 8.9.2023. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for the respondent/State opposes the application and submits that the applicant was armed with deadly weapon and caused grievous injury to the complainant.

Having considered the rival submissions, material pointed out by learned counsel for the applicant, nature of allegations and the fact that investigation has been completed and charge sheet has been filed, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

This application is allowed and stands disposed of.

Certified copy, as per Rules.