Raju @ Rajesh vs State Of Madhya Pradesh

Sunita Yadav, J

This is the Second application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to Crime No.228 of 2022 registered at Police Station Saraychhola, District Morena (M.P.) for the offence under Sections 294, 323, 324, 336, 506(B), 34, 325, 307 of IPC. First application was dismissed as withdrawn vide order dated 03.07.2023 passed in M.CrC. No.24898/2023.

As per prosecution story, the allegation against the present applicant is that he alongwith co-accused persons blows lathi, pharsa etc. on complainant and other injured persons namely, Gajendra, Dharmendra and Deepak in order to commit murder.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. It is further argued that a cross-case has also been registered on the report of applicant/co-accused persons bearing crime no.229/2022 against the complainant party. Since, it is a case of free fight, therefore, individual act has to be seen. The applicant/accused inflicted lathi blow upon Dharmendra and Deepak who have sustained only simple injury. No specific role has been attributed on present applicant/accused to inflict injury upon Gajendra on his head. The applicant is in custody since 22.05.2023. After conclusion of investigation, charge-sheet has been filed, therefore, further custodial interrogation is no more required. The applicant is permanent resident of District Morena (M.P.) and there i s n o possibility of his absconding or tempering with prosecution case. On these grounds, he prays for grant of bail to the applicants.

P er contra, learned counsel for the State as well as counsel for the complainant have vehemently opposed the bail application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on 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/committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him;

2) The applicant will cooperate in the investigation/trial, as the case may be;

3 ) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant shall not commit an offence similar to the offence of which he/she is accused;

5) The applicant will not seek unnecessary adjournments during the trial; and

6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.