Suneel Jatav vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

With the consent, heard finally.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 20.3.2023 in connection with Crime No.208/2023 registered at Police Station Cantt, District Guna for the offence punishable under Sections 294, 323, 506, 427, 34, 326 of IPC.

Prosecution story, in brief is that on 14.3.2023 at about 13:00 hours the applicant and co-accused were damaging the complainant's crop and when the complainant objected to it, then they abused, assaulted and threatened him. The applicant assaulted the complainant by kicks and fists and co-accused Sanju Jatav assaulted the complainant with axe due to which he sustained grievous injuries.

Learned counsel for the applicant submits that initially the FIR was lodged under Sections 294, 323, 506, 427, 34 of IPC but later on offence under Section 326 of IPC was enhanced. The grievous injuries found on the hand of the complainant was caused not by the applicant but co-accused. Charge sheet has been filed. His custodial interrogation is not required. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned counsel for the respondent/State has vehemently opposed the prayer and submits that the applicant has a criminal history and seven more criminal cases have been registered against him.

Heard the learned counsel for both the parties.

Having considered rival submission, material pointed out by the learned counsel for the applicant, nature of allegations as well as nature of injury found on the body of the complainant and also considering the fact that the investigation has been completed and charge sheet has been filed, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

This application is allowed and stands disposed of.

Certified copy, as per Rules.