Madhya Pradesh High Court
MCRC/58059/2023 of HEERALAL @ DASHRATH Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWALON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 58059 of 2023
BETWEEN:-
HEERALAL @ DASHRATH S/O REWARAM LODHI, AGEDABOUT 40 YEARS, OCCUPATION: LABOR R/OJAGNATHPUR SUTALA TH. TENDUKHEDA DISTRICTNARSINGHPUR (MADHYA PRADESH)
.....APPLICANT
(BY SHRI K.S. RAJPOOT WITH SHRI RAHUL SHARMA - ADVOCATES)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION SUATALA DISTRICT NARSINGHPUR (MADHYAPRADESH)
(BY SMT. GARIMA TIWARI - PANEL LAWYER)
.....RESPONDENTS
This application coming on for admisson this day, the court passed the following:
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ORDER
This is the first bail application filed by the applicant under Section 439of the Code of Criminal Procedure for grant of regular bail relating to CrimeNo. 348/2023 registered at Police Station - Suatala, District Narsinghpur (M.P.)for the offence punishable under Sections 294, 324, 326, 506 of IPC. Applicantis in detention since 12/12/2023.
2. As per the prosecution story, it is alleged that on 22/08/2023 applicantcaused injury by means of Gudanna (sharp edged article) to the complainant onwhich he received grievous injuries therefore, the aforesaid offence has been registered against him.
3. Learned counsel for the applicant submitted that applicant is in jailsince 12/12/2023. He has been falsely implicated. It is submitted thatcomplainant was discharged from the hospital just after two days. It issubmitted that in one case applicant has been acquitted by the trial court and inthis regard, certified copy of the judgment has been placed on record. Chargesheet has been filed. The trial of the case will take considerable time. Therefore,it has been prayed that the applicant may be released on bail pending the trial.
4. On the other hand, learned counsel for State has opposed the grant ofbail to the applicant.
5. Having taken into consideration all the facts and circumstances of thecase, but without commenting on merit of the case, I am inclined to release theapplicant on bail. Consequently, bail application under Section 439 of the Codeo f Criminal Procedure for grant of bail filed on behalf of applicant, standsallowed.
6. It is directed that applicant be released on bail on his furnishing apersonal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) withone solvent surety in the like amount to the satisfaction of the trial Court, for hisregular appearance before the trial Court during trial with a condition that heshall remain present before the concerned Court on all the dates fixed by itduring trial. He shall abide by all the conditions enumerated under Section437(3) of Cr.P.C.
7. This order shall be effective till the end of the trial. However, in case ofbail jump and breach of any of the conditions of bail, it shall becomeineffective.
Certified copy as per rules.
navin
(PRAMOD KUMAR AGRAWAL)JUDGE