JUDGMENT Sujoy Paul, J. - This application has been filed by the applicant under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.840/2020 for the offences punishable under Sections 341, 294, 324, 147, 148, 149 and 307 of IPC registered at Police Station Seoni, District Seoni. 2. Learned counsel for the applicant submits that as per prosecution story, the incident of assault on the applicant had taken place on 07.06.2020. In the FIR, lodged promptly thereafter, the name of the applicant does not find place. Name of certain other persons were mentioned by the complainant who have allegedly assaulted him. After the incident of assault, the complainant was examined in Government Hospital, Seoni. The injuries, namely, (i) lacerated injury on nose, (ii) lacerated injury on chin, (iii) lacerated injury on another part of chin, (iv) lacerated injury on leg were recorded by the concerned doctor. Thereafter, complainant was taken to Venus Critical Hospital at Nagpur. He remained there from 09.06.2020 to 19.06.2020. 3. During this period, a medical report was prepared in which same injuries were shown which were reflected in the MLC report prepared at Govt. Hospital Seoni. However, for the reasons best known to the complainant, later on, yet another report regarding injuries on the complainant was prepared by the Venus Critical Hospital, Nagpur after discharge of the complainant wherein 12 incised wounds including one stab injury were reflected. The complainant's statement under Section 161 Cr.P.C. was recorded on 26.06.2020 wherein for the first time, he took the name of the applicant. However, in this statement also, there is no specific role allegedly played by the applicant was shown. 4. Shri Daniel, learned counsel for the applicant submits that in the manner two reports got prepared by the complainant which shows different kinds of injuries, it is clear that complainant has not approached the prosecution with clean hands and in such cases, the accused must get the benefit. The applicant has no criminal history. Challan has been filed. Conclusion of trial in this pandemic era will take time and hence, the applicant may be enlarged on bail. He will not influence any material or evidence in any manner. 5. Prayer is opposed by Shri Devendra Gangrade. However, he fairly admitted that challan has been filed and the applicant has no criminal history.
Challan has been filed. Conclusion of trial in this pandemic era will take time and hence, the applicant may be enlarged on bail. He will not influence any material or evidence in any manner. 5. Prayer is opposed by Shri Devendra Gangrade. However, he fairly admitted that challan has been filed and the applicant has no criminal history. He submits that as a rule of thumb, it cannot be said that merely because the name of the applicant is not there in the FIR, his implication is false. FIR cannot be equated with an encyclopaedia. 6. I have heard learned counsel for the parties at length and perused the record. 7. Considering the fact that the applicant has no criminal history and his name does not find place in the FIR and custodial interrogation is not required because challan has been filed, without expressing any opinion on the merits of the case, I deem it proper to enlarge the applicant on bail. 8. Accordingly, it is directed that the applicant Irshad Khan be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- (Rs. Fifty Thousand) with a solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court regularly on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C. M.Cr.C. is allowed. C.C. as per rules.