Sanjeev@Banti vs State Of Madhya Pradesh

Sanjeev S Kalgaonkar, J

This first bail application has been filed by applicants under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.763 of 2023 registered at Police Station Aron District Guna (M.P.) for an offence punishable under Section 458, 294, 323, 324 , 506, 34 and 459 of IPC. Applicants are in judicial custody since 07-11-2023.

A s per the case of prosecution, Hemlata Sharma admitted at Civil Hospital Aron Distt. Guna reported to Head Constable Sunil Raghuvanshi of PS Aron that on 07.11.2023 around 5 in the morning, she reached her home at Aron. She saw that her neighbour Purushottam Kasera was depositing bricks infront of her gate. She objected, so Purushottam started abusing filthily. Thereafter, Purushottam, his sons Bhagwan Kasera, Dileep Kasera and Saurabh Kasera armed with wooden sticks and iron rods entered her house and assaulted her, her husband Sanjay Sharma and other family members Ashutosh, Saksham and Sushila. They sustained injuries. Bhagwan Kasera assaulted Sanjay with lathi on his right hand and right thigh. Accused Saurabh Kasera assaulted Ashutosh with lathi and accused Sanjeev alias Banti assaulted Saksham with iron rod on his head. Rachna and Rajiv Kasera also joined in the assault. On such allegations, PS Aron registered FIR for offence punishable under Section 458, 294, 323, 324 , 506, 34 and 459 of IPC. Further offence U/s 459 of IPC was added. Injured were forwarded for medico-legal examination. Fracture of metacarpal bone of Ashutosh was found in X-Ray examination. Statements of witnesses were recorded. Applicants Sanjeev and Saurabh were arrested on 07.11.2023. One iron rod was recovered at the instance of applicant Sanjeev alias Banti and one lathi was recovered at the instance of applicant Saurabh. Investigation is underway.

Lear ned Counsel for the applicants, in addition to the grounds mentioned in the application, submits that the applicants are falsely implicated in this matter for the reason that they are related to Purushottam Kasera. Minor altercation over placing of bricks in front of the gate was converted into physical assault between both the parties. Both the parties have sustained injuries. Purushottam Kasera also lodged report to PS Aron on the same day.

But since his injuries were found to be simple, only report with regard to non-cognizable offence was registered. Learned counsel further submits that applicants are shopkeepers. They have family to look after. There is no likelihood of leaving behind their family, home and business. No criminal antecedent is reported against the applicants. No further custodial interrogation is required in the matter. There is no likelihood of interfering with investigation or tampering with the evidence. Jail incarceration is causing hardship to the applicants. Therefore, applicants may be extended the benefit of bail.

Per contra, learned counsel for the State ably assisted by learned counsel for the complainant opposes the application stating that the family members of the applicants are still threatening injured for compromise. Therefore, the applicants may not be extended the benefit of bail.

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

Considering the arguments advanced by both the parties and overall circumstances of the case, but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that applicants Sanjeev @ Banti and Saurabh @ Bhaiya shall be released on bail in relation to Crime No.763 of 2023 registered at Police Station Aron District Guna (M.P.) for an offence punishable under Section 458, 294, 323, 324 , 506, 34 and 459 of IPC, upon furnishing each of them a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) with two solvent sureties in the like amount to the satisfaction of the Trial Court, for compliance with the following conditions, :

The applicants shall remain present on every date of hearing as may be directed by the concerned Court;

The applicants shall not commit or get involved in any offence of similar nature;

The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;

The applicants shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;

The applicants shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;

6 . The appellants shall mark their presence before SHO, Police Station Aron District Guna once in first week of the month till the completion of investigation.

This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.

CC as per rules.