Toran Singh And Others vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicants as they have been arrested on 7.8.2023 in connection with Crime No.132/2023 registered at Police Station Amola, District Shivpuri for the offence punishable under Sections 324, 323, 294, 506, 326, 34 of IPC

Prosecution story, in brief is that on 16.6.2023 at about 18:00 hours, the applicants along with other co-accused person Lal Singh abused the complainant Chand Singh Lodhi and when he objected, then the applicants assaulted on his head and other parts of his body with axe and wooden stick and caused grievous injuries to him.

Learned counsel for the applicants submits that as per prosecution case itself grievous injury found on the head of the complainant was caused by co-accused Lal Singh Lodhi. All other injuries were caused by hard and blunt object and were simple in nature. Investigation has been completed and charge sheet has been filed. Applicant's custodial interrogation is not required. The applicant is in custody since 7.8.2023. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicants are entitled for grant of bail.

Learned counsel for the respondent/State has vehemently opposed the prayer and prayed for its rejection.

Heard the learned counsel for both the parties.

Having considered the rival submission, material pointed out by the learned counsel for the applicants, nature of allegations alleged against the applicants so also the nature of injuries said to be caused by them and over all facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the view that the applicants deserve to be enlarged on bail, hence the application is allowed.

It is directed that the applicants be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount each to the satisfaction of the concerned Court for their 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 applicants 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.