Praveen @ Kallu Chaturvedi vs State Of Madhya Pradesh

Vishal Dhagat, J

This is second bail application filed by applicant under Section 439 of Cr.P.C. for grant of regular bail relating to FIR No.397/2023 registered at Police Station-Jiyawan District-Singrauli (MP) for the offence under Sections 307, 323, 294, 34 of IPC.

Learned counsel appearing for the applicant submitted that there was civil dispute between parties and during altercation, both parties assaulted each other with weapons. Cross case has also been registered against complainant party. During pendency of the case, complainant has given an affidavit that applicant is not involved in the assault. In these circumstances, applicant may be released on bail.

Learned Government Advocate appearing for the State opposed the bail application. It is submitted that incised wounds were found on the head of the injured. Injury is dangerous to life. Offence is serious and is punishable upto life imprisonment, therefore, applicant may not be released on bail.

Counsel appearing for complainant submitted that an affidavit has been given regarding non-involvement of the applicant in the offence and he does not have any objection, if applicant is released on bail.

Heard learned counsel for the parties.

6 . Considering the aforesaid facts and circumstances of the case, without commenting on the merits of the case, bail application filed by the applicant is allowed. It is directed that the applicant shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

The applicant shall also abide by the following conditions of Section 437(3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which she is accused, or suspected of the commission of which she is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

Certified copy as per rules.