Madhya Pradesh High Court

MCRC/4370/2024 of VIRENDRA SINGH Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE

IN THE HIGH COURT OF MADHYA PRADESHAT INDORE

BEFORE

HON'BLE SHRI JUSTICE PREM NARAYAN SINGHON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 4370 of 2024

BETWEEN:-

VIRENDRA SINGH S/O DASHRATH PANWAR, AGED ABOUT 31 YEARS, OCCUPATION: AGRICULTURIST R/o. GRAM UMRI, TEHSIL SONDAVA

DISTRICT ALIRAJPUR (MADHYA PRADESH)

(SHRI ASHISH GUPTA - ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION BAKHATGARH, DISTRICT ALIRAJPUR (MADHYA PRADESH)

(SHRI SAMEER VERMA - PANEL LAWYER)

.....RESPONDENTS

This application coming on for admission this day, the court passed the following:

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ORDER

Heard and perused the case diary.

This is the first bail application filed on behalf of the applicant underSection 439 of the Code of Criminal Procedure for grant of bail in relation toCrime No.229/2023, registered at Police Station-Bakhatgarh, Dist. Alirajpur forthe offence punishable under Sections 294, 323, 506 and 307 of IPC, 1860.The applicant is in custody since 30.12.2023.

2. Allegation against the applicant is that on account of petty dispute of fetching water from the well, the applicant went to complainant's house andstarted hurling abuses upon the complainant and her husband, on being stoppedby the complainant's husband, he assaulted them with wooden stick due towhich they sustained injuries.

3 . Learned counsel for the applicant submitted that earlier FIR waslodged under Section 323, 294 and 506 of IPC against the applicant. As perprosecution story injured Bheemsingh received only simple injury on his headand leg, a fracture was found on the right hand of the injured. Complainant hasreceived simple injuries, any way offence does not travel beyond 325 of IPC. Applicant is in custody since 30.12.2023 and conclusion of trial will takesufficient long time. Under these circumstances, counsel prayed for grant ofregular bail to the applicant.

4. Learned Govt. Advocate has opposed the prayer and prayed for its rejection.

5. Heard learned counsel for the parties and perused the record.

6. Having taken into consideration of rival submissions, the facts and circumstances of the case, nature of allegation, but without expressing anyopinion on the merits of the case, I am of the view that it is a case, in whichapplicant may be released on bail. Consequently without commenting on themerits of the case, first bail application under Section 439 of the Code ofCriminal Procedure for grant of bail filed on behalf of applicant, standsallowed.

7. It is directed that applicantbe released on bail on his furnishing apersonal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, forhis regular appearance before the trial Court during trial with a condition that he shall 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.

8. 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.

(PREM NARAYAN SINGH)JUDGEsumathi

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