Yash Bhoi And Others vs State Of Madhya Pradesh

Anil Verma, J

Applicants have filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicants for grant of regular bail relating to Crime No.802/2023 registered at P.S. Station Road, District Ratlam (M.P.) for commission of offence punishable under Sections 147, 365, 327, 323, 294, 506 and 190 of IPC. They are in jail since 07.10.2023.

2 . As per the prosecution story, on 06.10.2023, complainant Rehan lodged a report at Police Station- Station Road, Ratlam by stating that four days ago, he met with an accident with the bike of Lala Bhoi. Thereafter, the co-accused are giving threats to repair the bike of Lala Bhoi, then complainant repaired the bike of Lala Bhoi. After that applicant No.1 Yash again called the complainant and gave threat to repair his bike also. Complainant repaired the bike of applicant No.1 Yash, due to threat and fear given by the applicant No.1 Yash. Thereafter, when he went to returned back the bike of applicant No.1 Yash, there co-accused persons are also standing. After seeing the complainant, they started abusing him and beating him. Thereafter, they took him in the lonely place near the Anand Big Mall and started beating him, due to which he sustained injuries over the hand, head and other parts of the body and they also threatened him if he discloses the incident to anyone they will kill him. Accordingly, a case has been registered.

Learned counsel for the applicants submits that applicants are innocent persons and they have been falsely implicated in this matter. Applicants are in jail since 07.10.2023. They are not having any active role in the aforementioned incident. The allegation levelled against the co-accused Lala Bhoi. Matter has been amicably settled between both the parties and victim Rehan pleaded no objection regarding the bail application of the applicants. Applicants are the permanent resident of district Ratlam. Final conclusion of trial will take considerable long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

4 . Per-contra, learned counsel for respondent/State opposes the bail application and prays for its rejection by submitting that two criminal antecedents have been found against the applicant No.2 Harsh. Hence, he does not deserve for bail.

Learned counsel for complainant also submits that he was not kidnapped by the applicants and there was a simple case of accident by a motorcycle. He has no objection if bail is given to the applicants.

Perused the case diary as well as the impugned order of the court below.

7 . Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that investigation is almost over; applicants are not the main accused; victim Rehan pleaded no objection regarding the bail application of the applicants and final conclusion of trial will take considerable long time. In these circumstances, I deem it proper to release the applicants on bail. Therefore, without commenting on the merits of the case, the application is allowed.

It is directed that both the applicants be released on bail upon their furnishing a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required. They shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

Certified copy as per rules.