Mukesh 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.70/2023 registered at P.S. Jharda, District Ujjain (M.P.) for commission of offence punishable under Sections 147, 148, 149, 294, 323, 506, 336, 324, 325 and 307 of IPC. He is in jail since 17.07.2023.

As per the prosecution story, on 24.04.2023, complainant Durgabai lodged an FIR at P.S. Jharda at 1:39 AM by stating that she was stepping out of her house at 7:00 PM to throw the trash, at that time, present applicant alongwith his wife Jassubai and other co-accused persons came there with a common intention. When Durgabai objected to being teased regarding their daughter and applicant's son running away, then present applicant and co-accused persons verbally abused her. When she objected, then co-accused persons started beating the prosecutrix. When she cried then her husband Jagdish and other relatives Dilip, Gordhan, Hakam, Narayan, Rohit, Savitribai came there. Then accused persons also started beating them by using wooden stick, axe, iron pipe. They also pelted brick and stones. Then they said if the complainant party ever teases present applicant and Jassubai regarding their daughter's elopement, they will finish them. Accordingly, offence has been registered under Section 323, later on Section 325 and 307 of IPC have been added.

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 17.07.2023. Allegation levelled against the present applicant is that he has attacked the Narayan by using wooden stick and has caused injuries over his left eye. Offence registered against the present applicant is not travelled more than 325 of IPC. Cross case has been registered against the opponent party bearing Crime No.69/2023 registered at P.S. Jharda, District Ujjain. In the connect case co-accused has been enlarged on bail by the order of trial Court. There is no legal evidence is available to connect the present applicant with the aforesaid offence. Applicant is a permanent resident of Ujjain. 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.

Per-contra, learned counsel for respondent/State opposes the bail application and prays for its rejection. However, he fairly admits that no criminal antecedent has been found against the present applicant.

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

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 investigation is almost over in respect of present applicant, therefore, no further custodial interrogation of the applicant is required; cross case has also been registered against the opponent party; initially offence under Section 323 of IPC has been registered, but later on Sections 325 and 307 of IPC have been added; allegation levelled against the present applicant is only that he has caused injury to the Narayan, which is not fatal for his life; applicant is not having any criminal past 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 applicant 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.