Shankar Singh vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary / challan papers.

This is the applicant's first bail application filed under Section 439 of Criminal Procedure Code, 1973, as he/she is arrested in connection with Crime No.54/2023 registered at Police Station Barod, District Agar Malwa for offence punishable under Sections307, 323, 324,294,325 and 506/34 0f IPC. The applicant is in custody since 04.07.2023.

The allegation against the applicant is that he caused injuries by a sword on the head of Bheru Singh.

Counsel for the applicant has submitted that there is a cross FIR lodged by the applicant side also at Crime No.55/2023 at police Station Barod, District Agar Malwa under Sections 323,324,294 and 506/34 of the IPC in which three persons have been injured out of which Bheru Singh has suffered head injury by a sword. It is also submitted that the dispute took place at spur of the moment which took place on the field of the applicant as the complainant side was bent upon to take their harvestor from the applicant's field. It is also submitted that the accused persons of complainant's side have already been granted bail and that the applicant is lodged in jail since 04.07.2023 and the final conclusion of trial is likely to take sufficient long time and the applicant deserves to be released on bail.

Counsel for the State, on the other hand, has opposed the prayer and has submitted that one more case under Section 323 and 294 of the IPC has also been registered against the present applicant.

Be that as it may. Having considered rival submissions and taking into consideration the facts and circumstances of the case and the fact that the final conclusion of trial is likely to take sufficient long time and as the applicant is lodged in jail since 04.07.2023 without adverting to the merits of the case, the application filed by the applicant is allowed.

The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (rupees Twenty Five thousand) with a solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he 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 also directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

Certified copy as per rules.