Vijay Kaithwas vs State Of Madhya Pradesh

Heard.

Case diary perused.

This is first bail application filed under Section 439 of Cr.P.C. for grant of bail to the applicant, as he has been arrested in connection with Crime No.404/2019 registered by P. S. Pandhana District Khandwa (MP) for offences punishable under Sections 294, 323, 506, 34, 324 and 326 of the Indian Penal Code.

As per the case of the prosecution, on 26/07/2019 at about 7.30 p.m., some quarrel had taken place between co-accused Sunil and complainant's brother-in-law Jitendra. It is alleged that when complainant Kavita Patel and her husband Bhagwan Patel have intervened then co-accused Sunil has attacked by sickle on Jitendra by which he sustained injury. When her father-in-law Pandri came there and further Kavita and her husband along with her father-in-law Pandri tried to save Jitendra, at that time, co-accused Sunil has also inflicted injury with the help of sickle by which he sustained injury on his head. Later on, applicant and other co-accused persons also reached there and they have beaten complainant Kavita and her husband Bhagwan with the help of bat, kicks and fists by which they have also sustained injuries. Report of the incidence was lodged on the same day, on that basis, above mentioned crime has been registered against the applicant.

Learned counsel for the applicant has submitted that the applicant has not committed any offence. On the false report of the complainant, the case has been registered against the applicant. He is ready to furnish bail as per the order and shall abide by all directions and conditions as may be imposed by the Court. He further submits that the applicant is young youth of 20 years and is in jail since 25/09/2019 and the trial will take long time for its final disposal. On these grounds, learned counsel for the applicant prays for grant of bail to the applicant.

Per-contra, learned Dy. Government Advocate for the respondent-State opposes the bail application.

On going through the medical treatment report of the complainant/ injured, it seems that injury of injured Bhagwan is found to be grievous in nature during medical examination. He remained hospitalized from 26/07/2019 to 29/07/2019. Injury of other injured found to be of simple in nature. Allegation against the applicant is that he has beaten the injured Jitendra with the help of the bat, but injuries of Jitendra are found to be simple in nature. The applicant Vijay is 20 years young youth & is in judicial custody since 25.9.2019.

Considering the aforesaid facts and circumstances of the case and the facts as pointed out by learned counsel for the applicant so also the period of the judicial custody of the applicant, I am of the considered view that it is a fit case for grant of bail to the applicant. Therefore, without commenting on merits of the case, application of the present applicant is hereby allowed.

It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.30,000/-(Rupees Thirty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.

Accordingly, the M.Cr.C. stands allowed and disposed of.

Certified copy as per rules.