Sandeep @ Nankiya S/O Rajaram vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is applicant's first bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.226/2021 registered at Police Station-Maxi, District -Shajapur (MP) for offence punishable under Sections 294, 323, 324, 506, 326, 34 of the IPC. The applicant is in custody since 08.9.2021.

The allegation against the applicant is that he caused grievous injuries to the complainant's Liyakat,who received fracture on the finger of his right hand.

Counsel for the applicant has submitted that initially a case was registered against the applicant for offence under Section 323 of the IPC however, after the query report was received Section 326 of the IPC has been included in the charge sheet. It is further submitted that there is a cross-case registered by the complainant side at crime No.227/2021 for offence under Sections 323, 294, 506, 34 of the IPC and the dispute took place in respect of the land on the spur of the moment. It is further submitted that the applicant is in jail since 08.9.2021, charge sheet has already been filed and final conclusion of the trial is likely to take sufficiently long time, therefore, it is prayed that the application be allowed and the applicant be released on bail.

Counsel for the respondent / State, on the other hand has opposed the prayer. However, it is not denied that there are no other criminal case registered against the applicant.

Having consideration rival submissions, on perusal of the case diary and the contention raised by the counsel for the applicant, without reflecting anything on the merits of the case, the application filed by under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.

The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he/she 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 made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per rules.