Vikrant vs State Of M.P

Vivek Rusia, J

This is third repeat application u/s 439 Cr.P.C seeking bail in connection with crime no.701/2020 registered at police station Kishanganj, Indore for the offence u/s 307, 294, 325, 326, 323, 506, 34 of the IPC and u/s 25 of the Arms Act. The first and second applications were rejected on 1.2.2021 & 22.6.2021 respectively.

Complainant - Rahul got married with sister of Deepak in the year 2013, but after marriage, some matrimonial dispute arose between them and wife of Rahul left the house along with 6 years old daughter - Chitranga and started living in her parents' house. Rahul along with his friend Gaurav Thakur went to the house of Deepak for giving gift on birthday of his daughter Chitranga. After seeing Rahul in the house, Deepak got annoyed and called his friends Anurag, Pankaj, Vikrant & Sandeep and started assaulting Rahul and Gaurav. As per allegations, Sandeep caught hold Rahul and Deepak gave blow by a sword and due to which his left ear got amputated. The other two accused caught hold Gaurav Thakur and badly assaulted him. Gaurav Thakur sustained the head injury and got 25 stitches on his head. The accused persons have damaged the Creta XUV car of the complainant.

Learned counsel for the applicant submits that the investigation is complete and charge sheet has been filed. All other co-accused have been granted bail by this court and he is having parity with them. The allegation against the applicant is is that he caught hold Gaurav Thakur and others have assaulted him. He further submits that a compromise has been arrived at between Rahul and his wife and they have filed an application u/s 13B before the District Judge Ambedkar Nagar seeking dissolution of the marriage by way of consent. The certified copy of the joint application has been produced during the course of argument. Learned counsel for the applicant submits that because the court is vacant, therefore, the trial of this case as well as matrimonial matters are held up.

As per the allegations, no overt act is attributed to the present applicant. He is having parity with the case of co-accused Pankaj @ Golu who has been granted bail by this Court on 17.5.2021 vide MCRC no.22566/2021. Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, without commenting on the merits of the case, the application is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of Covid-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c as per rules.