Lekhraj vs The State Of Madhya Pradesh
2021 Latest Caselaw 8997 MP

                                   1                             MCRC-61320-2021
        The High Court Of Madhya Pradesh
                MCRC No. 61320 of 2021
                     (LEKHRAJ Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 20-12-2021
       Shri Sameer Kumar Shrivastava, learned counsel for the applicant.

       Shri Alok     Kumar     Sharma,     learned   Panel      Lawyer   for   the
respondent/State.

The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail.

Applicant has been arrested on 23.05.2021 by Police Station Sironj, Distt.Vidisha (M.P.) in connection with Crime No.217/2021 registered for offence under Sections 294, 323, 506, 34, 324, 307, 302 of IPC and Section 25 (1)(1-B) of Arms Act.

It is submitted by learned counsel for the applicant that the applicant is innocent. He has not committed any offence. He is in custody since 23.05.2021. Initially, the offence was registered under Sections 294, 323, 506, 34 of IPC. Thereafter, at the time of filing of charge sheet, offence under Sections 324, 307, 302 of IPC and Section 25 (1)(1-B) of Arms Act has been

enhanced. It is further submitted that the deceased died after three days of the incident. The main accused is Mukesh, against whom allegation is of causing injury by axe over the head of the deceased. It is further submitted that as per MLC, which is annexed at page No.34 of the application, it is reflected that only one lacerated wound of 4 cm x 1 cm x 1/2 cm was found over the right parietal region on the scalp caused by hard and sharp object. The present applicant is not the main accused, inasmuch as the allegation is of holding the deceased only, therefore, prayed to consider the facts and circumstances in the case of accused Chhota Balram, who was granted bail by the Coordinate bench of this Court in another case on 08.10.2020 passed in M.Cr.C. No.36050/2020, wherein the judgment of Apex Court in the case of Thaman Kumar Vs. State of Union Territory of Chandigarh (2003) 6 SCC 380 , was relied upon. It is also submitted that the investigation is complete and 2 MCRC-61320-2021 charge sheet has been filed and no further custodial interrogation is required. Conclusion of trial is likely to take some time. The applicant is ready to abide by all the terms and conditions that may be imposed by this Court. On these grounds, prayed for grant of bail to the present applicant.

Learned Panel Lawyer has vehemently opposed the prayer and

submitted that the offence is registered Sections 294, 323, 506, 34, 324, 307, 302 of IPC and Section 25 (1)(1-B) of Arms Act. and at this juncture it cannot be said that the present applicant is not the main accused and there is no overt act on the part of the present applicant in commission of offence, therefore, prayed to reject this application filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the record available.

Considering the facts and circumstances of the present case, without commenting upon the 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 in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

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

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

2. 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;

4 . The applicant shall not commit an offence of which he is 3 MCRC-61320-2021 accused. In case of repetition of same nature of offence, this bail order shall automatically stand cancelled;

5. The applicant will not move in the vicinity where the complainant resides and applicant will not seek unnecessary adjournments during the trial;

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

Application stands disposed of in above terms. Let a copy of this order be sent to the trial Court concerned for information.

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

(RAJEEV KUMAR SHRIVASTAVA) JUDGE

shanu* Digitally signed by SHANU RAIKWAR Date: 2021.12.20 17:04:03 -08'00'