Manohar And Two Others vs State Of M.P

Subodh Abhyankar, J

This is the first application filed by the applicant under Section 439 Cr.P.C. for grant of bail during the trial.

The applicants are facing trial for offence punishable under Sections 145, 148, 353, 332, 186, 427 of the IPC and 3(2)(A) of Prevention of Damage to

Public Property Act, 1984 registered at Police Station-Kalkanwani, District-Jhabua in Crime No.245/2020. The applicants are in jail since 20.11.2020.

The allegation against the applicants is that they along with other 16 co-accused persons were involved in pelting stones at the police party; as a result

of which, five police personnel suffered simple injuries, but the van in which the police personnel were travelling was also damaged.

Learned counsel for the applicant has submitted that the applicants have been falsely implicated in the matter. He has further submitted that the

charge sheet has already been filed, there is no other criminal case registered against the applicants and final conclusion of the trial is likely to take

sufficient long time and the trial is triable by Judicial Magistrate First Class. In such circumstances, he prayed that the bail application be allowed.

Learned counsel for the respondent/State on the other hand has opposed the prayer.

Having considered the rival submissions, on perusal of the case diary, so far as the injuries suffered by the police personnel and the damage to public

property is concerned, do doubt it is not serious, however, looking to the act of the applicants wherein they were involved in pelting stones at the police

personnel it cannot be considered to be a simple offence. In view of the above, this Court finds that the applicants are entitled to be released on bail

subject to deposit a sum of Rs.3,000/- (Rupees Three Thousand only) each, and the said amount shall be subject to the final outcome of the case by

the trial Court.

It is further directed that upon applicants' depositing a sum of Rs.3,000/- (Rupees Three Thousand only) in a fixed deposit in a nationalized Bank and

producing the receipt/certificate of the same before the concerned trial Court, they shall be released on bail on their furnishing a bond in the sum of

Rs.25,000/- (Rupees Twenty Five Thousand only) each with one surety bond of the same amount each to the satisfaction of the trial Court, to appear

before the trial Court on the dates given by the Court. The deposit receipt/certificate so produced by the applicants shall be endorsed by the learned

Judge of the lower Court to be, 'furnished towards the bail of the applicants and shall be subject to the final decision of the case by the trial Court'.

It is also directed that the applicants will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

Certified copy as per rules.