Sunil vs State Of M.P

Subodh Abhyankar, J

This is the first application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.95/2021 registered at

Police Station Bag, District Dhar (MP) for offence punishable under Sections 294, 323, 324, 326 & 506 of IPC.

The applicant is in custody since 14.03.2021.

The allegation against the applicant is that he entered into a scuffle with the complainant in which the lower lip of the complainant was bitten by the

applicant causing 2x1cm injury.

Counsel for the applicant has submitted that the incident has taken place at the spur of the moment and the injury has been in fact was on account of

complainant falling down on the ground.

Counsel for the applicant has further submitted that the applicant is in jail since 14.03.2021. Investigation is completed. Charge-sheet has been filed

and the final conclusion of trial is likely to take sufficient long time, therefore, he be released on bail.

Counsel for the respondent/State, on the other hand, has opposed the prayer.

Having considered rival submissions and on perusal of the case and taking note of nature of injury so also the fresh spread of Covid-19, this Court

finds it expedient to allow the present bail application.

Accordingly, without commenting on 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 one 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.

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.