Sarnam Singh And Others vs State Of Madhya Pradesh

Sunita Yadav, J

The applicants have filed this first application u/S. 439 of Cr.P.C. for grant of bail.

The applicants have been arrested by police station Jamner, District Guna in Connection with Crime No.68/2022 registered for the offence punishable under Sections 307, 120-B and 34 of IPC and Sections 25, 27 of Arms Act.

As per prosecution story, short facts of the case are that on 10.4.2022 complainant Devendra lodged a typed complaint at police Station, Jamner, Distt. Guna, that on 10.4.2022 at 3 pm after loading coriander in his tractor trolley he was going to sell the same to Beenaganj from his village Rusalli. On the way near Pahadgarh village two persons namely co-accused Anil and Kalyan came on Pulsar motorcycle. Kalyan was driving the motorcycle and Anil was sitting as pillion rider and he was having Katta in his hand. After coming near to the complainant Anil fired in the air, due to which complainant stopped his tractor and tried to run away, then Kalyan fired in the air from behind, due to which he received marks of gun powder at his left hand and left side of cheek. Incident was witnessed by Akku Raghuwanshi. On his report, crime for the aforesaid offences have been registered. against present applicants Sarnam and Sonu as weell as co-accused Kalyan, Anil Rajput, Rajkumar, Ajay Rana and Saurabh Lodhi. Complainant was sent for medical examination. As per his medical report, tattooing (small multiple black particles) over left hand and left side of cheek was found. Co-accused were arrested on 13.4.2022 whereas applicants were arrested on 21/4/2022. From their possession, mobile was seized.

Learned counsel for the applicants argued that applicants are innocent persons and have been falsely implicated. He further argued that applicants are the only earning members of their family. The applicants are permanent residents of District Vidisha and Guna. Conclusion of trial is likely to take time and there is no likelihood of their absconsion, if released on bail. It is further submitted that co-accused Kalyan Singh has already been granted bail by this Court and case of the present applicants are also on the same footings. On these grounds, he prays for grant of bail to the applicants.

On the other hand, learned State counsel opposed the application and prayed for its rejection.

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

Considering the custody period of the applicants, nature of the case as well as 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 the applicants be released on bail on each of them furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with two solvent sureties in the like amount to the satisfaction of the trial Court/committal Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicants will comply with all the terms and conditions of the bond executed by them;

2) The applicants will cooperate in the investigation/trial, as the case may be;

3) The applicants will not indulge themselves 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 applicants shall not commit any other offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench.

5) The applicants will not seek unnecessary adjournments during the trial; and

6) The applicants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

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.