Salagram vs State Of Madhya Pradesh

Prem Narayan Singh, J

This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail during trial relating to Crime No.210/2023, registered at Police Station-Satwas, District- Dewas, for the offence under Section 323, 324, 294 and 506/34 of IPCThe applicant is in custody since 24.08.2023.

As per the prosecution story, the allegation against the applicant is that he has assaulted the complainant .

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. It is further submitted that there is a cross case also and all other co-accused persons have already been granted anticipatory bail including complainants in the cross case because both the parties have amicably settled their dispute. The applicant is in custody since 24.08.2023. Conclusion of trial will take sufficient long time. Under these circumstances, counsel prays for grant of bail to the applicant.

4.Learned counsel for the State has opposed the application. However, admitted that the applicant is having no criminal record. However, counsel for the objector admitted that the complainant has compromised the case and he is no objection if the applicant is granted bail.

I have heard the learned counsel for the parties and perused the record.

Looking to the facts and circumstances of the case and without commenting on the merits of the case, this application is allowed.

It is directed that the applicant be released on bail on his/her 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/her 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, it shall become ineffective and cancelled without reference to this Bench.

Certified Copy as per rules.