Madhya Pradesh High Court
MCRC/4638/2024 of LAKHAN Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT.
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAVON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4638 of 2024
BETWEEN:-
LAKHAN S/O SHRI BHORU JATAV, AGED ABOUT 40YEAR S , VILLAGE CHANDPUR KA PURA POLICESTATION AND TEHSIL JOURA DISTRICT MORENA(MADHYA PRADESH)
.....APPLICANT
(SHRI BRAJESH KUMAR TYAGI, LEARNED COUNSEL FOR THEPETITIONER) .
AND
THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH POLICE STATION JOURA DISTRICTMORENA (MADHYA PRADESH)
.....RESPONDENTS
( SHRI GIRAJ SONI -P.L.- APPEARING ON BEHALF OF ADVOCATEGENERAL).(SHRI ALI SHER SHAH, LEARNED COUNSEL FOR THE RESPONDENT[COMP].
This application coming on for admission hearing this day, the court passed the following:
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ORDER
This is the first application filed by the applicant under Section 439 ofthe Cr.P.C. for grant of bail relating to FIR No. 308 of 2023 registered at PoliceStation Joura, District Morena (M.P.) for the offence under Sections 452, 323,294, 506, 34, 326 of IPC.
Learned counsel for the applicant argued that applicant is an innocent personand has been falsely implicated. He further argued that applicant is the only earning member of his family. He further argued that allegedly the applicantcaused injuries to the victim Kallu by means of Axe, however, as per MLCreport, the injuries were found to be caused by hard and blunt object,therefore, ingredients of section 326 of IPC do not attract in respect to thepresent applicant. It is further submitted that applicant is in custody since19/12/2023 and he has no criminal antecedents. Investigation stands completedby filing of the charge sheet and further custodial interrogation of the applicantmay not be required. The applicant is permanent resident of District Morena.Conclusion of trial is likely to take time and there is no likelihood of hisabsconsion, if released on bail. On these grounds, he prays for grant of bail tothe applicant.
Per contra, learned counsel for the State vehemently opposed the bailapplication and prayed for its dismissal.
Heard learned counsel for the rival parties and perused the case diaryavailable on record.
Considering the facts and circumstances of the case, but withoutexpressing any opinion on merits of the case, this application is allowed and it isdirected that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with two localsolvent sureties in the like amount to the satisfaction of the trial Court.
This order will remain operative subject to compliance of the followingconditions by the applicant:-
1) The applicant will comply with all the terms andconditions of the bond executed by him; conditions of the bond executed by him;
2) The applicant will cooperate in the investigation/trial, asthe case may be;the case may be;
3) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted withthe facts of the case so as to dissuade him/her fromdisclosing such facts to the Court or to the Police Officer, asthe case may be; 4 ) The applicant will not commit any other offence orwill not repeat the offence in future. In case, if he/she isfound involving in the offence of the same nature, this bailorder shall stand cancelled automatically without furtherreference to the Bench.
5) The applicant will not seek unnecessary adjournmentsduring the trial; and
6) The applicant will not leave India without previouspermission of the trial Court/Investigating Officer, as the casemay be.
Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information andnecessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Certified copy as per rules.
Durgekar
(SUNITA YADAV)JUDGE