Rajkumar Kewat vs State Of Madhya Pradesh

Anuradha Shukla, J

This is third bail application filed by the applicant under Section 439 of the Code of Criminal Procedure, for grant of bail relating to FIR/Crime No.113/2023 dated 17.03.2023 registered at Police Station Tendukheda, District Damoh (M.P.), for the offence punishable under Sections 294, 323, 324, 506 and 326 of IPC.

Learned counsel for the applicant submits that applicant is in custody since 03.04.2023 and the trial will take considerable time to conclude. He further submits that applicant is innocent and has falsely been implicated in the case. The applicant is the permanent resident of district and there is no possibility of his absconding or tampering with prosecution evidence. He is ready to furnish adequate surety and shall abide by all the conditions to be imposed by the Court. Upon these grounds, it is prayed that the applicant be released on bail.

On the other hand, learned counsel for the State has opposed the bail application and prayed for its rejection.

Heard learned counsel for the parties and perused the case diary.

This is third bail application filed on behalf of applicant. The first one was dismissed on 22.06.2023 as M.Cr.C. No.15607/2023 and second on 04.08.2023 as M.Cr.C. No.33408/2023. Both these earlier applications were dismissed on merits. It is mentioned in the first bail order that if the applicant is released on bail he may influence the statement of his wife who is the injured victim in this case. Even in the second order, the Court observed that statements of victim wife have not been recorded yet, but now the counsel for applicant has relied upon the statements recorded before the trial Court and victim wife Kavita Kewat has been examined as PW-2.

Having considered this change in circumstances and also the fact that victim was not hospitalized even for a day, this Court finds it appropriate to release the applicant on bail, therefore, without commenting on the merits of the case, this repeat bail application is allowed.

It is directed that the applicant shall be released on bail upon his furnishing a 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 appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial.

It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

Accordingly, this M.Cr.C. stands allowed and disposed of.