Dharmendra Goswami vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

This is third application under Section 439 of CrPC for grant of bail.

It is submitted by learned counsel for applicant Dharmendra Goswami that the applicant has been falsely implicated. He has not committed any offence. This is third bail application of the applicant. Second application was withdrawn whereas first bail application was considered and interim bail was granted to the applicant for a period of 60 days. The date of incident is 15/2/2021 and x-ray was done on 17/6/2021 in which no bony injury was found. Thereafter, in the MRI test, two bony injuries were found. It is further submitted that now, investigation is complete and charge-sheet has been filed. Trial will take its own time. Other co-accused Arun has already been granted bail by this Court. Hence, prayed for grant of bail to the applicant.

Per contra, learned counsel for the State opposed the bail application and has submitted that present applicant is the main accused who caused grievous injury in the head of the complainant by means of an axe. It is further submitted that the case of present applicant is not on same footing as of co-accused Arun. The allegation levelled against Arun is of stone pelting only. Hence, prayed to reject the bail application.

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

Considering the facts and circumstances of the case and without commenting o n merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs. 1,00,000/-(Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned.

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/her;

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

3 . The applicant will not indulge herself/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 not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial; and

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

Application stands allowed and disposed of.

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

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