Saksham Sharma vs State Of Madhya Pradesh

Sunita Yadav, J

IA. No.21685 of 2023 an application moved under Section 301(2) Cr.P.C. for assisting the prosecution is taken up, considered and allowed for the reasons mentioned therein.

Shri Atul Gupta, learned counsel, and his associates are permitted to assist the prosecution.

This is third repeat application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to Crime No.250 of 2023 registered at Police Station Civil Lines, District Datia (M.P.) for the offences punishable under Sections 147, 148, 149, 307 and 34 IPC. Both of his earlier bail applications have been dismissed as withdrawn by the co-ordinate Bench vide order dated 22.06.2023 (M.Cr.C. No.24659 of 2023) and order dated 08.09.2023 (M.Cr.C. No.35097 of 2023).

Prosecution story, in brief is that on 16.05.2023 at about 18:10-18:30 hours when complainant Saumant Singh Dangi along with his cousin Rajeev and brother-in-law Shivam was going towards Galla Mandi on his tractor and reached in front of Maharajpura, applicant -Shaksham Sharma along with Saket Sharma, Mayank Shrivastava and other co-accused persons on previous enmity came there on several motorcycles, tried to stop complainant's tractor and assaulted with firearm due to which witness-Kalicharan sustained bullet injury on his leg.

Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. It is further submitted by him that in this case the injured Kalicharan Ahirwar has been examined as (PW-2), however, he has not supported the case of the prosecution and turned hostile. It is further submitted that co-accused Mayank Shrivastava has already been extended the benefit of bail vide order dated 08.11.2023 in M.Cr.C. No.50465 of 2023 and the case of the present applicant is akin to that of the co-accused Mayank Shrivastava. Present applicant is in custody since 17.05.2023. The applicant is the permanent resident of District Datia (M.P.). Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, leaned counsel for the applicant prays for grant of bail to the applicant.

Per contra, learned counsel for the State vehemently opposed the bail application citing criminal history and prayed for its dismissal.

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

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 Rs.1,00,000/-(Rupees One Lac Only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.

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 will not commit any other offence or will not repeat the offence in future. In case, if he/she is found involving in the offence of the same nature, this bail order shall stand cancelled automatically without further reference to the Bench.

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.

7 ) T h e applicant shall appear and mark his attendance before the SHO of the police station concerned once in First week of every month at 10 Am till conclusion of the trial, failing which, this bail order

s ha ll stand cancelled automatically without further reference to this Court.

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.