Mo. Shahid @ Bhanja vs State Of Madhya Pradesh

Subodh Abhyankar, J

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

This is the applicant's first application under Section 439 of Criminal Procedure Code, 1973, as he / she is arrested in connection with Crime No.10/2023 registered at Police Station-Dewas Gate Ujjain (MP) for offence punishable under Sections 327,323,294, 190,34, 329 of the IPC. The applicant is in custody since 15.02.2023.

The allegation against the applicant is that he demanded some amount from the complainant which led to altercation between the parties and the applicant assaulted the complainant with a pipe, due to which he received injury on his right hand's finger.

Counsel for the applicant has submitted that the charge sheet has already been filed and the applicant is lodged in jail since 15.02.2023 and the final conclusion of the trial is likely to take a long time. It is further submitted that at present the complainant is also lodged in jail in connection with offence under Section 399 and 323 etc. of the IPC. Thus,it is prayed that the applicant be released on bail.

Counsel for the respondent / State, on the other hand, has opposed the prayer. It is submitted that four other cases registered against the applicant under Sections 323, 506, 399 etc of the IPC and, hence, no case for grant of bail is made out.

On due consideration of rival submissions and perusal of the case-diary, taking note of the fact that the charge sheet has already been filed and the applicant is in jail since 15.2.2023, this Court is inclined to allow the present application.

Accordingly, without commenting anything on merits of the matter, the present application for grant of bail is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with one surety in the like amount to the satisfaction of the Trial Court for his / her appearance, as and when directed. It is also directed that the applicant shall be abide by the conditions as enumerated under Section 437(3) of Cr.P.C.

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.