Sushant Purohit vs State Of M.P

J. P. Gupta, J

This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed for grant of bail to the applicant who has been arrested on 22/07/2020 in connection with Crime No. 454/2020 for offences registered under Sections 294, 323, 324, 326, 307, 506, 34 of IPC, police station Kotwali, District Narsinghpur.

Allegation against the applicant/accused is that along with co-accused assaulted the victim with a view to kill him and caused grievous injury on his head.

Learned counsel for the applicant submitted that applicant is innocent and he is in custody since 22/07/2020. Charge sheet has been filed and trial will take time. Further submitted that prima facie no offence under section 307 and 326 of IPC are made out as alleged injuries have been caused by hard and blunt object. There is no opinion of the medical expert that any injury was sufficient to cause death in ordinary course of the nature and hardly offence under section 325 of the IPC would be made out, which is bailable offence and the incident was taken place suddenly when the altercation was taken place as the applicant entered into the ladies bathroom. The applicant is a practicing lawyer, however he has criminal antecedent that are very old and in most of the cases he has been acquitted and there is no likelihood of the applicant absconding or tampering with the evidence. Hence the applicant/accused be released on bail.

Learned PL for the respondent/State and learned counsel for the Objector have opposed the application and prayed for its rejection on the ground that the victim has received grievous injury on the head and the applicant has criminal antecedent.

Having considered all facts and circumstances of the case, without commenting anything on the merits of the case, in view of this Court the applicant's further custody is not required, hence this application is allowed. It is ordered that the applicant Sushant Purohit be released on bail subject to condition that he will not interfere in the fair trial and not committing further offence, on his furnishing a personal bond for the sum of Rs.40,000/- (Rs.Fourty Thousand only) with a solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C

Certified copy as per rules.