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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Ballu & Ors. – Appellants
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 58365 of 2022
Decided On : 08-12-2022
Bail Application - Assault Case - The court allowed the bail application based on the length of custody and the likelihood of a prolonged trial, without commenting on the merits of the case.
Fact of the Case:
The applicants were arrested for an assault case and sought bail, citing a counter report lodged against the injured persons on the same day.
Finding of the Court:
The court, considering the length of custody and the expected trial duration, allowed the bail application without commenting on the case's merits.
Issues: Bail application u/S.439 Cr.P.C
Ratio Decidendi: The length of custody and the expected trial duration influenced the court's decision to grant bail.
Final Decision: The bail application was allowed, and the applicants were ordered to furnish a cash surety and a personal bail bond for their release.
JUDGMENT
Deepak Kumar Agarwal, J. - Heard learned counsel for the rival parties.
2. This is the first application u/S.439 Cr.P.C filed by the applicant for grant of bail.
3. The applicants were arrested on in connection with Crime No.84/2022 by Police Station- Panihar, District- Gwalior (MP) for the offence punishable under Sections 294, 323, 506, 34 of IPC and enhanced Sections 324, 326 of IPC.
4. In brief, the prosecution case is that on 11.07.2022 at 9.20 A.M., complainant Immo @ Imran Khan along with his brother lodged a report at Police Station Panihar, District Gwalior against present applicants Ballu and Kallu @ Shabbir Husain that preceding night on 10.07.2022 at 8.30 P.M., due to previous enmity they abused him on filthy languages. When he objected, present applicants assaulted with lathi. He cried. Due to which his brother Sahid and Aadhil came there. Thereafter, co-accused Altaf @ Lukka assaulted lathi to his brother on his left elbow and Paju Khan assaulted on his left ear. As per report the offence under Sections 294, 323, 506, 34 of IPC bearing Crime No.84/22 was registered at Police Station Panihar, District Gwalior. He was sent for medical examination. During medical examination, fracture on right parietal bone was found on Immo. After that offence under Sections 324 and 326 of IPC was enhanced.
5. Learned Advocate for the applicants submitted that due to the same incident F.I.R. was lodged on the same day. Report was lodged against injured persons by Nawab @ Paju Khan for the offences under Sections 294, 323, 506 and 34 of IPC bearing Crime No.85/2022 of P.S. Panihar, District Gwalior. Under these circumstances,they pray for grant of bail to the applicants.
6. Learned Public Prosecutor for the State opposed the bail application and prayed for its rejection.
7. Looking to the aforesaid facts and circumstances of the case, coupled with the fact that applicant is in custody since 30.11.2022 and conclusion of trial will take some time, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicants furnishes a cash surety of Rs.25,000/- (Rupees Five Thousand Only) by each of the applicant alongwith a personal bail bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one local solvent surety each of the like amount to the satisfaction of the trial Court, he should be released on bail with condition that if he remains absent during trial, the said security will stand forfeited automatically without notice to the applicants.
8. They will present during trial before the trial Court on each and every date and will cooperate with the trial. In case of default, the cash security of Rs. 25,000/- by any of the applicants shall stand forfeited automatically
9. Application stands allowed and disposed of.
10. Certified copy as per rules.
The court has the discretion to grant bail based on the circumstances of the case and completion of investigation and charge sheet filing.
The court considered the facts and circumstances, absence of overt act attributed to the applicant, and the likely time for the conclusion of the trial in granting bail.
The completion of investigation and filing of charge-sheet can be considered as grounds for allowing a bail application.
The completion of investigation and filing of the charge-sheet, along with the existence of a counter FIR, influenced the court's decision to grant bail to the applicant.
The court's decision to grant bail was based on the assessment of the facts and circumstances of the case, without commenting on the merits of the case.
The court's decision was influenced by the consideration of the likelihood of the applicant's absconsion or tampering with the prosecution evidence, and the specific conditions imposed for granting b....
The court has the discretion to grant bail based on the facts and circumstances of the case, ensuring the accused's presence during the trial.
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