Sunil @ Babbu vs State Of Madhya Pradesh

Shailendra Shukla, J

This is first bail application filed by the applicantâ€" Sunil @ Babbu under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in

connection with Crime No.240/2020 registered at Police Station - Depalpur, District â€" Indore (MP) for the offence punishable under Sections 326,

323, 325, 341, 294, 506, 147, 148 and 149 of Indian Penal Code, 1860 and Section 25 of Arms Act, 1959.

As per prosecution story on 17.09.2020, a report was lodged by the complainant â€" Rajendra that on the previous date i.e. on 16.09.2020, he was

assaulted by applicant â€" Sunil on his head with Dharia which is a sharp object. The other co-accused persons namely; Mohan, Govind, Sandeep,

Narendra and Kalu also started assaulting the complainant. Accordingly, case has been registered against them.

Learned counsel for the applicant submits that charge-sheet has since been filed in the matter. He further submits that the injury is on the non-vital

part i.e. on forearm. It has also been submitted that in the query report, it has been found that the injury is not dangerous to life. The applicant is in

custody since 24.09.2020 and the conclusion of trial would take considerably long time. With these submissions, bail has been sought.

Learned counsel for the non-applicant/State was also heard.

Considered.

Case diary is available in this matter.

In view of the submissions mainly those made by learned counsel for the applicant, but without commenting any opinion on the merits of the case, this

bail application is being allowed. The applicantâ€"Sunil @ Babbu is directed to be released on bail on his furnishing a personal bond in the sum of

Rs.50,000/-(Rupees Fifty Thousand) with one local solvent surety of like amount to the satisfaction of Trial Court/Committal Court for his regular

appearance before the Trial Court/Committal Court during trial with a condition that he shall remain present before the Court concerned during trial.

The applicant shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973.

It is made very clear that after release on bail, the applicant shall not indulge in any kind of criminal activities or threaten or influence the complainant

and a breach of aforesaid conditions shall entail cancellation of bail order without further reference to the Court. The trial Court shall also ensure the

compliance of aforesaid directions of this Court.

Let a copy of this order be sent to the Court concerned for compliance.

Miscellaneous Criminal Case No.47842 of 2020 is allowed and stands disposed of in above terms.

Certified copy as per Rules.