Vikram Singh Gurjar vs State Of Madhya Pradesh

Anand Pathak, J

The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 16.07.2023 by Police Station Lateri, District Vidisha in connection with Crime No.234/2023 for the offence punishable under Sections 302, 147, 148, 149, 294, 323, 324, 506(2) of IPC.

It is the submission of learned counsel for applicant that applicant is suffering confinement since 16.07.2023 and charge-sheet has already been filed. As per allegation, he inflicted Lathi blow to Pannalal over his head and he sustained minor injury. No direct role is attributable over the applicant except that he inflicted one Lathi blow. Nothing less nothing more. Since, applicant side also filed a complaint against the present complainant side over which an offence vide Crime No.231/2023 (prior in time then the present crime number) for offence under Sections 323 and 324 of IPC has been registered. This is apparently a case of free fight.

In the case of free fight individual role is to be seen. Applicant does not bear any criminal record. His role has been referred at later point of time when incident entered into final phase. Confinement amounts to pretrial detention. He undertakes not to be a source of embarrassment and harassment to the complainant side in any manner and would not create any trouble for the complainant. Under these grounds, he prayed for bail.

Learned Dy. A.G. for the respondent/State opposed the prayer and prayed for dismissal of applicant.

Heard learned counsel for the parties and perused the case diary.

Considering the submissions advanced by the counsel for the parties and looking to his limited role as narrated in the allegations and in light of the decisions of Apex Court in the case of Gajanand and Ors. Vs. State of Uttar Pradesh, AIR 1954 SC 695, Munir Khan Vs. State of U.P. AIR 1971 SC 335 and Puran Vs. State of Rajasthan AIR 1976 SC 912, Lakshmi Singh Vs. State of Bihar, (1976) 4 SCC 394 and Rukma (Smt.) and Ors. Vs. Jala and Ors., (1997) 11 SCC 579; but without commenting upon the merits of the case, this Court intends to allow the application. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court.

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 facts 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;

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

Applicant shall not move in the vicinity of complainant and shall not be a source of embarrassment and harassment to them in any manner, otherwise, benefit of bail shall immediately be withdrawn.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.