Munnalal And Others vs State Of Madhya Pradesh

Anil Verma, J

Applicants have filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicants for grant of regular bail relating to Crime No.422/2019 registered at P.S. Badnawar, District Dhar (M.P.) for commission of offence punishable under Sections 294, 323, 324, 506 and 34 of IPC. They are in jail since 20.03.2023.

As per the prosecution story, on 25.07.2019, when complainant alongwith his brothers Kailash and Rakesh were irrigating the land of Jagdish, at that time, accused persons came there and started abusing him in filthy language. When they objected, then all the accused persons started beating the complainant and his brothers. Thereafter, complainant lodged an FIR at P.S. Badnawar, District Dhar. Accordingly, a case has been registered against the applicants.

Learned counsel for the applicants submits that applicants are innocent persons and they have been falsely implicated in this matter. Applicants are in jail since 20.03.2023. On 20.03.2023, applicants have already been granted bail by the trial Court, but later on they were remained absent and trial Court has declared him absconded, therefore, applicants themselves surrendered before the trial Court. Both the applicants are languishing in jail for about four months jail incarceration. Offence is exclusively triable by JMFC. 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.

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 offence is exclusively triable by JMFC; applicants have been enlarged on bail by the trial Court, but they could not appear before the trial Court, therefore, they have punished for default of their non-appearance before the trial Court; they have already suffered jail incarceration for more than four months and final conclusion of trial will take considerable long time. In these circumstances, I deem it proper to release the applicants 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 their furnishing a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand only) each with separate solvent surety in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required. They shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

Certified copy as per rules.