Madhya Pradesh High Court
MCRC/2444/2024 of MALKEET SINGH@MILLA Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT.
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SMT. JUSTICE SUNITA YADAVON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 2444 of 2024
BETWEEN:-
MALKEET SINGH@MILLA S/O SURENDRASINGH@CHHINDA SIKH, AGED ABOUT 25 YEARS, R/OGRAM GHYANPUR THANA ISHAGARH DISTRICTASHOKNAGAR (MADHYA PRADESH)
(MR. AMRITPAL SINGH - ADVOCATE FOR APPLICANT)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION ISHAGARH DISTRICT ASHOKNAGARE(MADHYA PRADESH)
.....RESPONDENTS
(MRS. KALPANA PARMAR - PANEL LAWYER FOR RESPONDENT/STATE &MR. RAKSHIT GUPTA - ADVOCATE FOR RESPONDENT/COMPLAINANT)
This application coming on for Admission this day, the court passed the following:
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ORDER
I.A. No. 2183 of 2024 filed u/s. 301 (2) of Cr.P.C for assisting PublicProsecutor is taken up considered and allowed for reasons mentioned therein.Shri Rakshit Gupta - Advocate is permitted to assist Panel Lawyer.
This is the Second application filed by the applicant under Section 439 ofthe Cr.P.C. for grant of bail relating to Crime No.504 of 2023 registered atPolice Station Isagarh, District Ashoknagar (M.P.) for the offence underSections 324, 323, 294, 506, 326 and 34 IPC and Section 25 of Arms Act.
Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. Present FIR has been lodged on account ofsome misunderstanding as complainant and accused persons are neighbors andhave settled their dispute amicably, for which, compromise application has beenfiled before learned trial Court. Further submission is that applicant is undercustody since 20.11.2023. After conclusion of investigation, charge sheet hasalready been filed, therefore, his custodial interrogation is not required anymore.Applicant is permanent resident of District Ashoknagar (M.P.) and there is nopossibility of his absconding or tempering with prosecution case. On thesegrounds, he prays for grant of bail to the applicants.
Per contra, learned counsel for the State has vehemently opposed the bailapplication and prayed for its rejection.
However, counsel appearing on behalf of complainant submitted that hehas no objection, if the applicant may be enlarged on bail.
Heard learned counsel for the rival parties and perused the case diaryavailable on record.
Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and itis directed that the applicant be released on bail on furnishing a personal bondin the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only)with one solvent surety in the like amount to the satisfaction of the trial Court/committalCourt.
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, as the case may be;
3) The applicant will not indulge himself in extendinginducement, 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 shall not commit an offence similar to theoffence of which he/she is accused;
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.
(LJ*)
(SUNITA YADAV)JUDGE