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2022 Supreme(MP) 1244

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Anil Verma, J.
Sahil Khan – Appellant
Versus
State of Madhya Pradesh – Respondent
Misc. Criminal Case No. 46025 of 2022
Decided On : 26-09-2022

Advocates Appeared:
Shri Pramod Choubey, Learned Counsel For The Petitioner., for the Appellant; Shri Viraj Godha Pl Appearing On Behalf Of Advocate General., for the Respondent

Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - Bail application - Accused charged under Sections 341, 307, 353, 324, 294/34 of IPC - Allegations of injury during a public festival - No specific allegation of grievous harm against the applicant - Injuries classified as simple in nature, victim discharged from hospital - Considering the young age of the applicant, lack of criminal record, and the prolonged trial, bail granted under specified conditions. (Paras 2, 5, 6)

(B) Application of bail provisions - The court emphasizes that bail is a right where the accused is not a danger to society and where the evidence does not suggest prolonged custodial interrogation is necessary. (Paras 5, 7)

Facts of the case:
The applicant, aged 19, is accused of participating in an attack where a co-accused inflicted knife injuries on the victim during a festival. The applicant only allegedly hit the victim with a stick and has no prior criminal background.

Findings of Court:
The court finds that there is insufficient evidence against the applicant, and his role appears limited. Considering his age, duration of custody, and status as a first-time offender, bail is granted.

Issues: The primary issue concerns the appropriateness of bail given the allegations, victim's injuries, and the applicant's background.

Ratio Decidendi: The court rules that the accused's young age, lack of a criminal history, and the simple nature of injuries justify the grant of bail, noting that the merits of the case remain undetermined.

Result: Bail application allowed.

Table of Content
1. factual basis for bail application. (Para 1)
2. arguments for and against bail. (Para 2 , 3)
3. court's observations and reasoning. (Para 4)
4. basis for granting bail. (Para 5)
5. final decision and conditions. (Para 6 , 7)

JUDGMENT

1. Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 315/2022 registered at P.S - Panwasa, Ujjain , District- Ujjain (M.P.) for commission of offence punishable under Sections 341 ,307,353,324,294/34 of IPC As per prosecution story, On 20/08/2022, The complainant Aftab with his' friend' Vijay has gone to see the matki program on the festival of Janmashtmi, where accused persons had also come .

2. The complainant had some arguments with the accused persons due to earlier dispute. At around 1:00 am at night when the complainant and his friend vijay is returning to home, The accused - persons arrived and blocked their way and started abusing the co accused Vilan and. Vishal inflicted knife injury to the injured Vijay due to which he sustained injuries ~ on head .and. hand accused Sahil hit him with the stick. On the basis of above information 'offence has been registered against the applicant along with the: co - accused persons at PS Panwasa, Dist Ujjain Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. No specific allegation of causing injury has been made out against him, but only omnibus allegation of beating with stick has been made against him. The victim has been discharged from the hospital. The injuries are simple in nature. The applicant has no criminal background. Applicant is in custody since 22/08/52022. He is 19 years young boy. He is permanent resident of District- Ujjain . There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

3. Per-contra, learned PL for respondent - State opposes the bail application and prays for its rejection, but fairly admits that the applicant has no criminal antecedent.

4. Perused the impugned order of the trial Court, the statements of the witnesses as well as the case dairy.

5. Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that the role attributed to present applicant is very limited; alleged he did hit the victim with stick and other other co-accused persons were having knife and gave blow of knife to the victim; the applicant has no criminal background; he is 19 years young body; he is in custody since 22/08/2022' investigation is almost over, therefore, no further custodial interrogation of the applicant is required and possibility of delay in conclusion of the trial cannot be ruled out, in view of the evidence available on record, I deem it proper to release the accused/applicant on bail.

6. Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs. 75,000/- (Rs. Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required.

7. He shall abide by all the conditions enumerated u/S. 437(3) Cr.P.C., It is made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant in the present case also. This order shall be effective till the end of the trial, however, in case of ba

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