Ramvilas vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

With the consent, heard finally.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 5.6.2023 in connection with Crime No.148/2023 registered at Police Station Jamner, District Guna for the offence punishable under Sections 436, 294, 323 of IPC.

Prosecution story, in brief is that on 23.4.2023 in between 11:00-11:10 hours the applicant went to complainant's shop and started abusing him and when the complainant objected, the applicant assaulted him with lathi and thereafter set the shop situated in the house at fire thereby causing loss of grocery items and other articles amounting to Rs.70,000/-.

Learned counsel for the applicant submits that on the date of incident at about 11:00-11:10 hours complainant along with his brother himself demanded money for consuming liquor and when the applicant denied, they abused and assaulted him about which on the date of incident itself an FIR bearing Crime No.149/2023 was lodged against the complainant and his brother at the same police station. As a counter-blast complainant lodged false and fabricated report against him. The alleged act apparently appears unnatural and it was not possible for the applicant that he had gone to the shop and set the same on fire in presence of the complainant and his family. The applicant is in custody since 5.6.2023. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned counsel for the respondent/State has vehemently opposed the prayer and submits that during MLC, injuries were found on the body of the complainant which corroborate the prosecution case. Allegations alleged against the applicant are of serious in nature, therefore, the applicant is not entitled to be enlarged on bail.

Heard the learned counsel for both the parties.

Having considered rival submission, material pointed out by the learned counsel for the applicant, nature of act with regard to setting the shop at fire and also considering the FIR lodged by the applicant against the complainant, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

This application is allowed and stands disposed of.

Certified copy, as per Rules.