Madhya Pradesh High Court
MCRC/14120/2015 of RAJESH LAKHERA Vs THE STATE OF MADHYA PRADESH on 31 December 2015
(Rajesh Lakhera Vs. State of M.P.) 31.12.2015 Shri Anshu
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M.Cr.C. No.14120/2015
(Rajesh Lakhera Vs. State of M.P.)
31.12.2015
Shri Anshu Gupta, Advocate for the applicant.
Shri B.K. Sharma, Government Advocate for therespondent/State.
Heard.
Case-diary is perused.
This is first application under section 439 Cr.P.C., Theapplicant is in custody since 27.11.2015 as regards crimeNo.506/2015 registered at Police Station City MadhoganjDistrict Gwalior for the offences punishable under Sections324, 323 read with Section 34 of the IPC . However, duringinvestigation, offence punishable u/S 326 of IPC was includedafter medical.
Learned counsel for the applicant contends that on25.10.2015, the complainant had indulged in fight with theapplicant and his family members and therefore FIR waslodged against the complainant on 25.10.2015 vide Crime No.155/2015. As sequel to the aforesaid FIR, a false complainthas been lodged against the applicant on 27.11.2015 by thecomplainant. The complaint is based on false and fabricatedfacts. The applicant is 60 years old person Learned counsel for the applicant contended that theapplicant is innocent and falsely implicated in the crime and inthese circumstances, learned counsel prays that the applicant sh/- M.Cr.C. No.14120/2015
may be enlarged on bail.
Learned Public Prosecutor opposes the application onthe premises that as per medical report left ulna bone isfractured due to physical assault by knife and saraiya causedby the applicant and therefore, it is not a fit case for grant ofbail Undisputedly, investigation is complete and challan hasbeen filed and the trial shall take long time.
Considering the nature of allegations made in the FIR
and the circumstances as referred above, in my opinionapplication under Section 439 of Cr.P.C. filed by the applicantdeserves to be and is accordingly allowed.
It is directed that present applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lac only) with a solvent surety of the likeamount to the satisfaction of the trial Court for his personalappearance before the trial Court on the dates given by theconcerned Court and also comply with the conditionsenumerated under Section 437(3) of Cr.P.C., This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(Rohit Arya)
V. Judge