Dharamnath @ Dharmnath Jogi vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

I.A. No. 2793/2022, an application under Section 301 (2) of CrPC filed by the complainant, is taken up, considered and allowed for the reasons

mentioned therein.

Shri Gaurav Mishra, Advocate and his associates are permitted to appear on behalf of the complainant to assist the State counsel in the prosecution of

this bail application.

This is first application under Section 439 of CrPC for grant of bail. The applicant has been arrested on 07/10/2021 in connection with Crime

No.239/2021 registered at Police Station Lateri, District Vidisha for offence under Sections 294, 323, 324, 302, 506 and 34 of IPC.

It is submitted by learned counsel for applicant Dharamnath @ Dharmnath Jogi that the applicant is an old man aged around 71 years. He has not

committed any offence and has falsely been implicated. He is in custody since last more than five months. Allegation against the present applicant is

of causing hurt by means of lathi and as per FIR, it is apparent that no grievous hurt has been caused by the present applicant, rather his name is

reflected at the end of the FIR. Applicant has falsely been implicated in this case as he is the father of main accused Rajnath. Hence, prayed for grant

of bail to the applicant.

Per contra, learned State counsel as well as learned counsel for the complainant opposed the bail application and have submitted that in the present

case, role of the present applicant is prominent. Allegation against the present applicant is of causing hurt by means of lathi and fracture was found

over the body of the victim. Complainant and accused persons are neighbours, therefore, in case of grant of bail to the applicant, there is possibility

that prosecution evidence will get affected. Hence, prayed to reject the bail application.

Heard learned counsel for the rival parties and perused the materials available on record.

Only considering the aged of the applicant i.e. around 71 years, without commenting upon the merits of the case, the application is allowed and it is

hereby directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh only) with one

surety in the like amount to the satisfaction of the Trial Court/Committal Court for his regular appearance before the Court on the dates given by the

concerned Court.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence of which he is accused;

5 . The applicant will party and applicant during the trial;

not move in the vicinity of complainant will not seek unnecessary adjournments

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

This application stands disposed of in above terms.

E-copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.