The court has the discretion to grant bail based on the seriousness of the alleged offence, the nature of injuries suffered, and the readiness of the applicant to abide by any conditions imposed by the court.

JUDGMENT

Subodh abhyankar, J. - They are heard. Perused the case diary / challan papers.

This is the applicant's first application under Section 439 of Criminal Procedure Code,1973, as he is implicated in connection with Crime No.402/2021 registered at Police Station- Kshipra, District-Indore (MP) for offence punishable under Sections 341,294, 323, 324, 326, 506, 34, 147, 148, 149, 307 of the IPC. The applicant is in custody since 26.10.2021.

allegation against the applicant is of causing head injury to the complainant Tomy.

Counsel for the applicant has submitted that the complainant has been discharged from the hospital within two days and in his C.T. Scan no abnormility has been found. It is further submitted that the applicant is in jail since 26.10.2021 and the final conclusion of the trial is likely to take long time. It is further submitted that the applicant is ready to abide by any condition that may be imposed by this Court. Hence, it is submitted that the bail application be allowed.

Counsel for the respondent/State, on the other hand has opposed the prayer.

On due consideration of the rival submissions, perusal of the case diary, taking note of the injuries suffered by the complainant on head though serious in nature and the fact that he was discharged within two days' time, the application deserves to be allowed. accordingly, without adverting to the merits of the case, the application filed under Section 439 of the Cr.P.C., on behalf of the applicant is hereby allowed subject to his depositing a sum of Rs.50,000/-(Rupees Fifty Thousand only) in the manner as provided hereunder, and the said amount shall be subject to the final outcome of the case by the trial court.

The applicant is directed that upon the applicant's or any other person on his behalf, depositing a sum of Rs.50,000/-(Rupees Fifty Thousand only) in a fixed deposit in a Nationalized Bank and producing the receipt/certificate of the same before the concerned trial Court, he shall be released on bail upon furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his / her regular appearance before the trial Court during trial with a condition that he/she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Criminal Procedure Code, 1973.

The deposit receipt/certificate so produced by the applicants shall be endorsed by the learned Judge of the lower Court to be, 'furnished towards the bail of the applicants and shall be subject to the final decision of the case by the trial Court'.

It is also observed that if the applicant is found to be involved in any criminal activities, after his release on bail, then the present bail order shall stand cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per rules.