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2016 DIGILAW 55 (MP)

LALU s/o SHRIKRUSHNA BHATI v. STATE OF M. P.

2016-01-22

D.K.PALIWAL

body2016
JUDGMENT : 1. Shri Navneet Kishore, learned Counsel for the applicant. Shri Bhuwan Deshmukh, learned Counsel for the respondent/State. 2. This is Ist application under section 439 of the Criminal Procedure Code. The applicant has been arrested in Crime No. 274/2015 registered at Police Station Jiwajiganj Ujjain, for the offence punishable under section 307, 506/34 Indian Penal Code. 3. It is alleged that on account of previous enmity Lalu Bhati, Deepak and one another came and Lalu Bhati gave a Sword blow on the head of the complainant. Deepak gave lathi blow on left hand and another person gave beating by means of fists. It is submitted that the applicant has not committed any offence. He has falsely been implicated. The injury is alleged to have been caused by Sword but medical report does not corroborate it. The applicant is under custody since 7-11-2015. Charge-sheet has been filed hence, prayed for grant of bail. 4. The prayer is opposed by learned Counsel for the respondent/State submitting that the applicant has previous criminal history as many as 14 criminal cases are registered against the applicant. 5. Medical report perused. 6. As per the medical report, one lacerated wound on parietal region has been found and there is swelling on left hand and middle finger. The injury is reported to have been caused by hard and blunt object. No fracture has been caused. 7. Taking into consideration the allegation against the applicant and the nature of injury alleged to have been caused coupled with the fact that the charge-sheet has been filed and the applicant is under custody since 7-11-2015, without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand) only with separate sureties in the like amount to the satisfaction of the trial Court. 8. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand) only with separate sureties in the like amount to the satisfaction of the trial Court. 8. This order will remain operative subject to compliance of the following conditions by the applicant :- The applicant will comply with all the terms and conditions of the bond executed by him; The applicant will co-operative in the investigation/trial, as the case may be; The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be; The applicant shall not commit an offence similar to the offence of which he is accused; The applicant will not seek unnecessary adjournments during the trial; and The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 9. A copy of this order be sent to the Court concerned for compliance. 10. C.C. as per rules.