Raghuveer Singh @ Bunty v. State Of Madhya Pradesh
2020-09-16
PRAKASH SHRIVASTAVA
body2020
DigiLaw.ai
JUDGMENT Prakash Shrivastava, J. - Heard through video conferencing. 2. This is an application made by the applicant (accused) under Section 439 Cr.P.C. for grant of bail during trial. 3. Notice of this application was served on the State counsel. Case diary as per the direction of this Court has been produced and it has been perused. 4. The applicant is facing trial for offence punishable under Sections 354, 354A, 452 of IPC registered with Police Station Khachrod District Ujjain, in Crime no. 351/2020. 5. Learned counsel for the applicant submits that the incident had allegedly taken place on 21st July 2020 whereas the FIR was lodged on 22/7/2020. He further submits that applicant has been implicated in a false case because a dispute between family of complainant and applicant in respect of right of way in the agricultural field is going on. He also submits that the offence is triable by Magistrate and that applicant is in custody since 5/8/2020, the investigation is complete and challan has been filed. He further submits that subsequently the matter has been compromised between the parties and complainant does not want the prosecution of applicant in this case. 6. Learned counsel for the State has opposed the application for grant of bail. 7. Learned counsel for complainant has supported the bail application by submitting that matter has been compromised now. 8. On perusal of the case diary and considering the circumstances of the case, I find prima facie force in the submissions made by the counsel for applicant. Hence I am of the considered view that the application for grant of bail deserves to be allowed and is accordingly allowed. 9. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.35,000/- (Rupees Thirty Five Thousand) with one surety in the like amount to the satisfaction of the Trial Court for his appearance as and when directed. 10. The applicant will attend each hearing of his trial before the Trial Court out of which this bail arises. Any default in attendance in Court would result in cancellation of the bail granted by this Court. 11. Certified copy as per rules.