Sajid @ Golu vs State Of Madhya Pradesh

Amar Nath Kesharwani, J

This is the first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.76/2022 registered at police station-Suwasra, District- Mandsaur for the offence punishable under Sections 147, 148, 149, 307, 341, 323, 294 and 506 of IPC and Section 25 of Arms Act. He is in custody since 06.03.2022.

As per prosecution story, on 05.03.2022 at around 08 p.m., Pawan and Manish were on motorcycle and while they were passing near the house of Ramprasad, accused Saddab and Firoz armed with sword, Bulbul and Raees Khan armed with knife and other co-accused along with applicant armed with stick attacked on Pawan and Manish. Saddab inflicted injury on the head of Pawan and Firoz inflicted injury on the head of Manish but they escaped the assault of sword and the arms was collided with road, Bulbul inflicted injury on the chest of Pawan but he saved himself by holding the knife by hand. The present applicant along with other co-accused inflicted injury on the bodies of the injured by sticks. Accordingly, case has been registered against the present applicant and other co-accused persons.

Learned counsel for the applicant submits that applicant is an innocent person and he has been falsely implicated in this case. The incident was of 05.03.2022 and FIR was lodged on 06.03.2022 and applicant was arrested on 06.03.2022. The investigation is over and charge-sheet has been filed on 03.04.2022. The allegation against the applicant is that he had a Lathi in his hand at the time of incident but the applicant did not cause any injury by the Lathi. He further submits that final conclusion of trial will take a long sufficient time, hence, the applicant be enlarged on bail.

On the other hand, learned counsel for the respondent/State opposes the prayer for grant of bail and prays for its rejection.

Considering the facts and circumstances of the case and also taking into account the fact that investigation is over and charge-sheet has been filed and final conclusion of the trial will take a long sufficient time, I deem it proper to release the applicant on bail.

Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

It is observed that after being released on bail, if the applicant again indulges himself in any criminal activity, the present bail order shall stand cancelled without further reference to the Court and police shall be entitled to arrest the applicant in the present case also.

Certified copy as per rules.