Rakesh Chouksey vs State Of Madhya Pradesh

Achal Kumar Paliwal, J

This is first application under Section 439 of Criminal Procedure Code, 1973 filed by the applicant for grant of bail relating to FIR No. 34 of 2023 dated 27/02/2023 registered at Police Station Gauharganj, District - Raisen (M.P.) for the offence punishable under Sections 294, 456 & 307 of IPC.

As per the prosecution story, the allegation against the applicant is that he alongwith co-accused assaulted the complainant by means of baka therefore, he sustained grievous injuries, hence, the case was registered against the applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that matter has been settled amicably between the complainant and accused out of the Court and the applicant is in custody since 1/03/2023. Charge-sheet has been filed and conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.

Learned Panel Lawyer has opposed the application and prayed for its rejection.

Complainant is present in the court today and identified by his counsel. Counsel for the Objector submits that matter has been compromised between the injured and accused out of the court and he has no objection if the applicant is released on bail.

Looking to the facts and circumstances of the case alongwith the nature of allegation levelled against the applicant and the fact that matter has been compromised between the injured and accused, without commenting on the merits of the case, this application is allowed.

It is directed that the applicant be released on bail on 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 for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail and on repetition of the crime, this order shall become ineffective and cancelled without reference to this Bench.

M.Cr.C. stands allowed and disposed of.

Certified copy as per rules.