Ajay Pal Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7402 MP

                                                           1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                 ON THE 8 th OF MAY, 2023
                                        MISC. CRIMINAL CASE No. 19190 of 2023

                         BETWEEN:-
                         AJAY PAL SINGH S/O BHAGWAT SINGH BANAFAR,
                         AGED ABOUT 21 YEARS, OCCUPATION: PRIVATE JOB
                         RESIDENT OF VILLAGE DALONE POLICE STATION
                         CIVIL LINE DISTRICT CHHATARPUR (MADHYA
                         PRADESH)

                                                                                         .....APPLICANT
                         (BY SHRI SUMIT KANOJIYA - ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH THROUGH POLICE
                         STATION CIVIL LINE DISTRICT CHHATARPUR
                         (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                         (BY SHRI AMIT BHURRAK - PANEL LAWYER)

                               This application coming on for admission this day, the court passed the
                         following:
                                                            ORDER

This third bail application is filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to F.I.R No.726/2022 dated 08.12.2022of Police Station Civil Line, District Chhatarpur for commission of offence under Sections 323, 324, 354, 458, 201 and 506/34 of IPC. He is in detention since 17.12.2022.

His first bail application was dismissed as withdrawn and not pressed vide order dated 21.04.2023 passed in M.Cr.C.No.13174/23 and second bail application was dismissed as withdrawn and not pressed with liberty to file Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/9/2023 10:58:25 AM

fresh bail application as per law vide order dated 28.04.2023 passed in M.Cr.C.No.17282/2023.

As per the prosecution story, on 08.12.2022, prosecutrix lodged an FIR alleging that on 01.12.2022 at around 08:00 p.m. she was at her home. In the meantime, Rahul Dixit of the village along with her uncle Karan Singh trespassed into her house. She was alone and was cooking vegetables. Rahul use to tease her. Rahul attempted to caught hold her hand. When she attempted to release her hand from Rahul, he threw hot vegetables on her causing burn injuries on her both thighs. Karan Singh was telling that let there be a judgment as to who is right and who is wrong. Her uncle had beaten her by means of

axe's handle and fists. They had abused her. When her mother came inside, her uncle and Rahul threatened her to do death. Next day, she was taken to District Hospital Chhatarpur. After treatment, she had come to lodge the FIR. As per MLC report dated 08.12.2022, burn injuries were found over her left thigh, right ankle and scratch mark over sternum. After investigation, charge sheet has been filed.

Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. Name of the applicant is not mentioned in the F.I.R. For the first time his name is stated in the statement under section 161 of the Cr.P.C. Co-accused of the case, namely, Karan Singh Banafar and Rahul Dixit have already been released on bail vide orders dated 21.02.2023 and 17.03.2023 passed in M.Cr.C.No.2983/2023 and M.Cr.C. 9958/2023 respectively. After investigation, charge sheet has been filed. Trial of the case will take considerable time. Therefore, it has been prayed that the applicant be released on bail, pending the

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/9/2023 10:58:25 AM

trial.

On the other hand, learned counsel for the State has opposed the grant of bail to the applicant.

Having taken into consideration all the facts and circumstances of the case and the fact that after investigation charge sheet has been filed and trial of the case will take considerable time including the fact that co-accused of the case, namely, Karan Singh Banafar and Rahul Dixit have already been released on bail vide orders dated 21.02.2023 and 17.03.2023 passed in M.Cr.C.No.2983/2023 and M.Cr.C. 9958/2023 respectively., I am inclined to release applicant-Ajay Pal Singh on bail. Consequently, this third bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

It is directed that applicant - Ajay Pal Singh be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial. However, in case of

bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/9/2023 10:58:25 AM

MKL

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/9/2023 10:58:25 AM