Rahul @ Rohit vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard with the aid of case diary.

This is second application filed under Section 439 of Cr.P.C. for grant of bail to the applicant, in connection with FIR/Crime No.41/2024, Date:-(Not mentioned) registered at P.S. - Pipalraon, District - Dewas (M.P.) for commission of offence punishable under Sections 323, 324, 325, 326, 294, 506 and 34 of the IPC.

The first application was dismissed as withdrawn vide order dated 15.04.2024 passed in MCRC No.14818/2024.

Prosecution story in brief is that, on 28.01.2024, at around 5 p.m., there was some quarrel between the complainant party and co-accused persons meanwhile, co-accused Mangilal gave axe blow on head of complainant Surendra and Ravindra and present applicant Rahul also assaulted him on right shoulder, nose, left side of head and left wrist. Initially, FIR was lodged under section 323, 294, 506 and 34 of the IPC against co-accused persons. During investigation, it was found that injured Surendra sustained fracture in nasal bone therefore, Sections 324, 325 and 326 of the IPC have been added.

Learned counsel for the applicant submits that applicant has not committed the offence and has falsely been implicated in the case. Vide order dated 28.05.2024 passed in MCRC No.20993/2024, co-accused Ravindra has been granted bail by this Court and the case of the present applicant is identical with the co-accused Ravindra. It is submitted that applicant is in custody since 19.03.2024. After completion of investigation, charge-sheet has been filed. The conclusion of the trial will take sufficient long time for its disposal. Under these circumstances, prayer is made for grant of bail to the applicant.

On the other hand, learned counsel for the non-applicant/State has opposed the prayer of the applicant and prays for rejection of the application.

Having considered the rival submissions and after perusal of the case diary so also looking to the facts that case of the present applicant is identical with co-accused Ravindra, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting on the merits of the case, the application is allowed.

It is directed that the applicant - RAHUL @ ROHIT be released on bail upon his/her 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 concerned trial Court for his/her appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.

M.Cr.C. stands disposed of, accordingly. C.c. as per rules.