Madhya Pradesh High Court
Kesriya vs The State Of Madhya Pradesh on 22 February, 2023
Author: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 22 nd OF FEBRUARY, 2023
MISC. CRIMINAL CASE No. 4427 of 2023
BETWEEN:-
1. KESRIYA S/O KARAMSINGH BHILALA, AGED
ABOUT 20 YEARS, OCCUPATION: STUDENT R/O
GRAM DABDI TEHSIL SONDAVA DISTT.
ALIRAJPUR (MADHYA PRADESH)
2. DEKLIYA S/O KARAMSINGH BHILALA, AGED
ABOUT 25 YEARS, OCCUPATION: ASST. TEACHER
R/O SONDAVA DISTT. ALIRAJPUR (MADHYA
PRADESH)
.....APPLICANTS
(BY SHRI ANOPAM CHOUHAN - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION SONDAVA DISTT.
ALIRAJPUR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI GOVIND PUROHIT - GOVT. ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first application under Section 439 of the Cr.P.C. filed on behalf
of the applicant in connection with Crime No.421/2022 registered at Police
Station - Sondava, Dist. Alirajpur (M.P.) under Sections 294, 323, 324, 326,
Signature Not VerifiedDigitally signed by
506, 34 of IPC.
SAN SOUMYA RANJAN
DALAI
Date: 2023.02.22
17:58:53 IST
Report was lodged on 18.12.2022 by one Surtan stating that he was
sitting outside his house and it is alleged that co-accused Karamsingh and Rikla
armed with bow and arrow came there and said that after the death of Gapriya,
complainant has not divided the share of the land equally. It is alleged that the
accused persons started abusing him and caused injuries. Against the applicant
No.1 Kesriya, it is alleged that he has caused injury to Surtan with a stone on
arm and against applicant No.2 Dekliya, it is alleged that he has caused injuries
with stone on left elbow. Those injuries have been found to be simple. The
other injuries which have been found to be grievous in nature caused by co-
accused Karamsingh and Rikla with help of bow and arrow.
Counsel for the State opposes the prayer for grant of bail.
The allegations against the applicants that they had caused injuries with
the help of stone on the hand and elbow which have been found to be simple in
nature. It is further submitted that initially offences under Section 294, 341, 324,
506/34 of IPC was registered. They were granted bail, but later on the offence
under Section 326 of IPC has been added. It is also submitted that once the
applicant has been granted bail and there is no allegation of misuse of liberty,
they are entitled for bail. In support of his submissions, he has placed reliance
on a judgment passed by this Court in the case of Sayera Bi and Ors. Vs.
State of MP reported in (2006) Cr.L.R. (M.P.) 262 and the order passed by
this Court in MCRC No.5073/2023 (Arhaan Mev. vs. State of MP).
In view of aforesaid, I am of the view that the applicants are entitled for
grant of bail. Therefore, without expressing any view on the merits of the case,
the application is allowed.
It is directed that applicants shall be released from custody upon
Signature Not VerifiedDigitally signed by
SAN SOUMYA RANJAN furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) each
DALAI
Date: 2023.02.22
17:58:53 IST
with separate surety of the like amount to the satisfaction of the Ld. Court
below.
The prison authorities are also requested to ensure compliance with the
order passed by the Supreme Court IN RE : CONTAGION OF COVID 19
VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that
the applicants are examined by the jail doctor before their release. If the
applicants show symptoms of COVID-19, the doctor shall forthwith direct
them to be produced before the appropriate hospital designated for the
detection and treatment of COVID-19 patients. If the doctor is of the opinion
that the applicants are not affected with the virus, the jail authorities shall ensure
their transportation from the jail till their place of residence.
It is further made clear that if it is found that the applicants is involved in
any other case during the trial, this bail order shall stand cancelled automatically
without reference to the Court and the Police will be at liberty to arrest the
applicants.
A typed copy of this order is being forwarded to the Office of the
Advocate General, on their email address, for intimation to the Police Station
concerned. The office is requested to forward a copy of this order to the Ld.
Court below.
(VIJAY KUMAR SHUKLA)
JUDGE
soumya
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN SOUMYA RANJAN
DALAI
Date: 2023.02.22
17:58:53 IST
