Pradeep And Ors. vs State Of Madhya Pradesh

This is first application under Section 439, Cr.P.C. for grant of bail in connection with Crime No.462/2019, registered at Police Station-Kukshi, District-Dhar for commission of offence punishable under Sections 294, 323, 506 and 307/34 of the IPC.

As per prosecution case, on 10/07/2019, complainant-Ritesh Rathore lodged a complaint alleging that he alongwith Vinit and Gaurav went to Dhaba of one Patal Singh situated at Village-Dholya at about 12:00 am and they woke up the owner of Dhaba and insisted him to prepare food for them. Thereafter, a quarrel took place between them regarding payment of bill, due to which Patal Singh alongwith applicants started abusing and assaulting the complainant party, due to which Gaurav sustained grievous injury on his head.

Learned counsel for the applicants submitted that the applicants are innocent and they have falsely been implicated in the present crime. According to the FIR and statement of Gaurav, the incident took place all of a sudden. There was no premeditation and no specific overt act has been attributed to the applicants in the commission alleged incident. As per the aforesaid documents, co-accused-Patal Singh gave a stick blow on the head of injured-Gaurav, due to which he sustained grievous injury. Accordingly, no alleged offence is made out against the applicants, who are in custody since 29/08/2019. Investigation is over and charge-sheet has been filed. Conclusion of trial will take sufficient long time. There is no possibility of their absconsion or tempering with the evidence. Under these circumstances, learned counsel for the applicants prays for grant of bail to the applicants.

On the other hand, learned Public Prosecutor has opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, the application filed by the applicants is allowed. The applicants are directed to be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only)each with one separate solvent surety of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

In case of bail jump this order shall become ineffective.

Certified copy as per rules.