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2008 DIGILAW 867 (MP)

BHERONAL v. STATE OF MADHYA PRADESH

2008-07-15

S.S.DWIVEDI

body2008
Judgment ( 1. ) HEARD on I. A. No. 8986/08, which is an application filed on behalf of the complainant for assist to Public Prosecutor. Application is allowed, the arguments heard finally. ( 2. ) THE applicant has filed this application under Section 439 of Cr. P. C. for grant of bail. The applicant has been arrested by police Aron District Guna in crime No. 107/08 registered for the offence punishable under Sections 147, 148, 323, 452, 307 and 302/149 of IPC. ( 3. ) IT is submitted that in this incident one narayan Singh died due to injury sustained to him on the head. In the initial FIR, the injury on the head of deceased is attributed to three co-accused persons. All these three accused caused injuries to the deceased by means of farsi. Thereafter, it is alleged that the present applicant has also caused injury to the other witnesses namely Makhan, rampal and Jagannath. The injuries caused by the present applicant are found to be simple in nature on medical examination of these injured. The applicant is in jail, charge sheet has been filed and disposal of the case will take time, therefore, prayed for grant of bail. ( 4. ) LEARNED PP for the respondent/state as well as counsel appearing on behalf of complainant opposed the application and submits that this incident took place in the house belongs to the complainant and all the accused persons jointly entered into the house and caused injuries, in such circumstances the applicant does not deserve to be enlarged on bail, hence, prayed for dismissal of the application. ( 5. ) CONSIDERING the overall facts and circumstances of the case without expressing any opinion on the merits of the evidence, application is allowed. The applicant be released on bail on he furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court with a condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of the Cr. P. C. A copy of this order be sent to the trial court for information. C. C. as per rules. Application allowed.