Vijay Singh Dangi vs State Of Madhya Pradesh

This is First bail application filed under section 439 Cr.P.C. Applicant Vijay Singh Dangi was arrested on 08.04.2019 in Crime No.1/2019 registered at Police Station Gourjhamar, District Sagar for the offence punishable under Section 307 & 323/34 of IPC.

As per prosecution case, on 31.12.2018 at 08:30 PM, when complainant Guddan Dangi was preparing jaggery at his crusher situated at village Sarkheda Deori, applicant Vijay Singh Dangi, co-accused Brajesh Singh Dangi & Gabbu Singh came there, co-accused Brajesh Singh Dangi fired at complainant on the instance of co-accused Gabbu Singh with intent to kill him due to which complainant sustained injury in his right shoulder and applicant Vijay Singh Dangi assaulted him by stick on his back.

Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. It is further submitted that the gunshot injury sustained by the complainant was caused by co-accused Brajesh Singh Dangi and not by the applicant. Although, it is alleged that applicant assaulted the complainant by stick on his back but in the MLC report of the complainant, it is not mentioned that complainant sustained any external injury in his back. Charge sheet has been filed. The applicant is in custody since 08.04.2019 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.

Learned counsel for the State opposed the prayer and submitted that one other offence is also registered against the applicant. So, he should not be released on bail.

Looking to the facts and circumstances of the case and the contention of the learned counsel for the applicant and the fact that applicant is in custody since 08.04.2019, charge sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant Vijay Singh Dangi be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his 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.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without prior permission of the trial Court/Investigating Officer, as the case may be.

C.C. on payment of usual charges.