MCRC/10152/2013 of RANU KHA Vs STATE OF M.P on 30 December 2013

M. Cr. C. No. 10152/2013

Ranu Khan Vs. State of MP

30-12-2013

Shri D. S. Tomar, Advocate for the applicant.

Shri A. S. Rathore, Panel Lawyer for the respondent -State.

Both the parties heard.

This is first bail application filed by the applicant under Section 439 of Cr.P.C. for grant of bail. The applicant is in custody in connection with Crime No.200/2013, registered under Sections 323, 294, 307 read with Section 34 of IPC at Police Station Gyaraspur, District Vidisha.

Learned counsel appearing for the applicant submits that in the present case, a cross-case bearing Crime No.201/2013 has been registered,wherein the present applicant has received five injuries including incised wound over his neck and head. The allegation against the applicant is of causing injury by means of “gupti” over the neck of the complainant. Looking to the fact, learned counsel submits that the applicant inflicted the said injury under right of his private defence. The applicant is in custody since 20-09-2013 i.e. more than three months and trial has not yet been come to an end. However, prayer is made to enlarge the applicant on bail.

On the other hand, learned Panel Lawyer opposes the prayer of the applicant for grant of bail.

Considering the overall facts and circumstances, without commenting on merits of the case and looking to period of custody of the applicant, the applicant deserves to be enlarged MKB

M. Cr. C. No. 10152/2013

on bail, however, I allow this bail application and it is directed that applicant- Ranu Khan be released on bail, subject to his furnishing a personal bond to the tune of Rs.30,000/- (Rupees thirty thousand only) with one surety of the like amount to the satisfaction of concerned J.M.F.C./C.J.M for his appearance before him or Trial Court as the case may be on all the dates of hearing fixed in this behalf by the Court concerned during trial. CC as per rules.

(J. K. Maheshwari) Vacation Judge