Madhya Pradesh High Court
MCRC/2210/2024 of KISHAN SINGH RAJPUR Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWALON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 2210 of 2024
BETWEEN:-
KISHAN SINGH RAJPUT S/O PRATAP SINGH RAJPUT,AGED ABOUT 28 YEARS, OCCUPATION: LABOURER R/OVILLAGE HAHEDI KHURD P.S. PACHOR RAJGARH(MADHYA PRADESH)
(BY SHRI NAVNEET SHUKLA - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION T.T. NAGAR, DISTRICT BHOPAL (MADHYAPRADESH)
(BY SMT. SONALI SHRIVASTAVA - PANEL LAWYER)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
This is second application filed by the applicant under Section 439 of theCr.P.C. for grant of regular bail relating to FIR No.172/2023, dated 30.03.2023registered at Police Station -T.T.Nagar, District - Bhopal (M.P.) forcommission of offence punishable under Section 294, 323, 307 of IPC and25/27 of the Arms Act. His first bail application was dismissed as withdrawnand not pressed vide order dated 06.09.2023, passed inM.Cr.C.No.35209/2023. Applicant is in detention since 31.03.2023.2. As per the prosecution story, on 30.03.2023, at around 11:30 A.M.
Raja @ Lala @ Kishan Lal asked the complainant to give her mobile number.When she refused to give her mobile number, he abused her and shot a firefrom a country made pistol on her, she bent down, due to which she did notsustain any gun shot injury. But thereafter, applicant/accused assaulted her byhandle of the pistol causing injuries. FIR was registered. After investigation,charge sheet was filed.
3. Learned counsel for the applicant has submitted that applicant has notcommitted any offence. He is innocent. He has been falsely implicated. Injuriessustained by the injured/complainant are simple in nature. Applicant is indetention for the last more than ten months. Complainant/injured has alreadybeen examined before the trial Court. Now, there is no possibility of influencingof the prosecution witnesses and tempering with the evidence. Therefore, it isprayed that applicant may be released on bail, pending the trial.
4 . On the other hand, learned Panel Lawyer for the State has opposedthe prayer for grant of bail to the applicant on the ground that applicant has acriminal background of two cases.
5. Injuries sustained by the injured/complainant are simple in nature. Shehas already been examined before the trial Court. Therefore, now there is nopossibility of influencing of the prosecution witnesses and tempering with theevidence. Having considered the aforesaid aspect alongwith the factum ofdetention period undergone by the applicant so far, but without expressinganything on the merits of the case, I am inclined to release the applicant on bail.Consequently, this bail application under Section 439 of the Code of CriminalProcedure for grant of bail filed on behalf of applicant, stands allowed.
6 . It is directed that applicant - Kishan Singh Rajput be released onbail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction ofthe trial Court, for his regular appearance before the trial Court during trial witha condition that he shall remain present before the concerned Court on all thedates fixed by it during trial. He shall abide by all the conditions enumeratedunder Section 437(3) of Cr.P.C.
7. This order shall be effective till the end of the trial. However, in caseo f bail jump and breach of any of the conditions of bail, it shall becomeineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)JUDGEJasleen