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Judgment
Prakash Shrivastava, J
Heard on the question of grant of bail.
This is an application made by the applicant under Section 439 Cr.P.C. for grant of bail during trial.
Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced and it has been perused.
The applicant is facing trial for offence punishable under Sections 147, 148, 149, 341, 458, 323, 324, 294, 506, 427, 352, 307 of IPC and Section 3/4 of
the M.P.Riniyon Ka Sanrakshan Adhiniyam registered with Police Station Shujalpur City, District Shajapur in Crime No.07/2020.
Learned counsel for the applicant submits that though the other co-accused persons had caused injury by means of sword and knife, but so far as the
present applicant is concerned, he was not armed with any weapon. He further submits that only allegation against the present applicant is that he had
caused injury by means of kicks and fists to Nazo Bee, but all the injuries to Nazo Bee have been found to be simple in nature. He further submits that
even Nazo Bee in her statement recorded under Section 161 of Cr.P.C. has not named the present applicant, therefore, there is no reliable material to
implicate the applicant in the present case. He also submits that earlier 16 cases were registered against the applicant, out of which in 10 cases he has
already been acquitted and in two cases relating to Public Gambling, fine was imposed. He also submits that the applicant is in custody since
10.10.2020, investigation is complete, challan has been filed and conclusion of trial is likely to take time.
Learned counsel for the State has opposed the application for grant of bail, but has not disputed that the injuries received by Nazo Bee were simple in
nature and Nazo Bee in her statement has not named the applicant.
On perusal of the case diary and considering the circumstances of the case, I find prima facie force in the submissions made by the counsel for
applicant. Hence, I am of the considered view that the application for grant of bail deserves to be allowed and is accordingly allowed.
The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.35,000/- (Rupees Thirty Five Thousand) with one
surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed.
The applicant will attend each hearing of his trial before the Trial Court out of which this bail arises. Any default in attendance in Court would result in
cancellation of the bail granted by this Court.