MCRC/12172/2016 of JAKIR Vs THE STATE OF MADHYA PRADESH on 29 December 2016

Arguments

MCRC-12172-2016

(JAKIRVs THE STATE OF MADHYA PRADESH)

29-12-2016

Shri Saransh Jain,learned Counsel for theapplicant.

Smt.Mamta Shandilya, learned Dy. Govt.Advocate for the respondent/State.

This is the first application filed by theapplicant under Section 439 of Cr.P.C. forgrant of bail.

The case diary is available.

Arguments heard.

The present applicant has been arrested by thePolice Station�Kukshi, District Dhar in CrimeNo.564/2016 under Sections 307, 323, 34 ofIPC.

According to the prosecution story, there was a communal disturbance on 12.10.2016 in whichboth the communities attacked each other andinjuries were caused on various personsbelonging to both the community. There wereFIR and counter FIR lodged by both the sides.So far as the allegation against the presentapplicant is concerned, he inflicted injury bysword to one Ambaram, who suffered fractureon his shoulder. One Nitin @ Mogli Patidar,who suffered fracture on his skull, but hisinjury was caused by co-accused persons.

There are counter case filed by the accusedpersons.

Learned counsel for the respondent/State hasopposed this application.

Taking into consideration all the facts andcircumstances of the case, without commentingon the merits of the case, I am of the view thatit is a fit case for grant of bail. This applicationfiled under Section 439 of Cr.P.C. is allowed.Accordingly, it is directed that the applicantshall be released on bail on his furnishingpersonal bond of Rs.50,000/- (Rupees FiftyThousand only) and one surety of the likeamount to the satisfaction of the concernedMagistrate for his appearance on all the datesof hearing as may be directed in this regardduring trial.

He is further directed that on being so releasedon bail, he would comply with the conditionsenumerated under Section 437 (3) of Cr.P.C.meticulously.

Certified copy, as per rules.

(ALOK VERMA)JUDGE