Heeralal @ Dashrath vs The State Of Madhya Pradesh
2024 Latest Caselaw 3187 MP

Madhya Pradesh High Court

Heeralal @ Dashrath vs The State Of Madhya Pradesh on 2 February, 2024

                                                             1
                          IN     THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                  BEFORE
                               HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
                                             ON THE 2 nd OF FEBRUARY, 2024
                                        MISC. CRIMINAL CASE No. 58059 of 2023

                         BETWEEN:-
                         HEERALAL @ DASHRATH S/O REWARAM LODHI, AGED
                         ABOUT   40   YEARS, OCCUPATION: LABOR R/O
                         JAGNATHPUR SUTALA TH. TENDUKHEDA DISTRICT
                         NARSINGHPUR (MADHYA PRADESH)

                                                                                         .....APPLICANT
                         (BY SHRI K.S. RAJPOOT WITH SHRI RAHUL SHARMA - ADVOCATES)

                         AND
                         THE STATE OF MADHYA PRADESH THROUGH POLICE
                         STATION SUATALA DISTRICT NARSINGHPUR (MADHYA
                         PRADESH)

                                                                                      .....RESPONDENTS
                         (BY SMT. GARIMA TIWARI - PANEL LAWYER)

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

This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to Crime No. 348/2023 registered at Police Station - Suatala, District Narsinghpur (M.P.) for the offence punishable under Sections 294, 324, 326, 506 of IPC. Applicant is in detention since 12/12/2023.

2. As per the prosecution story, it is alleged that on 22/08/2023 applicant caused injury by means of Gudanna (sharp edged article) to the complainant on which he received grievous injuries therefore, the aforesaid offence has been

registered against him.

3. Learned counsel for the applicant submitted that applicant is in jail since 12/12/2023. He has been falsely implicated. It is submitted that complainant was discharged from the hospital just after two days. It is submitted that in one case applicant has been acquitted by the trial court and in this regard, certified copy of the judgment has been placed on record. Charge sheet has been filed. The trial of the case will take considerable time. Therefore, it has been prayed that the applicant may be released on bail pending the trial.

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

5. Having taken into consideration all the facts and circumstances of the case, but without commenting on merit of the case, I am inclined to release the applicant on bail. Consequently, bail application under Section 439 of the Code o f Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

6. It is directed that applicant 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.

7. 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.

(PRAMOD KUMAR AGRAWAL) JUDGE navin