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IN THE HIGH COURT OF MADHYA PRADESH
Vivek Agarwal, J.
Umashanker – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 13841 of 2022
Decided On : 22-03-2022
Bail Application - Offence under IPC - The court granted bail to the applicant under Section 439 of the Cr.P.C for the offence punishable under Sections 307, 323, 294, 506 and 34 of the IPC, considering the completion of investigation, the time trial would take, and the lack of requirement for custodial interrogation.
Fact of the Case:
The applicant filed a bail application under Section 439 of the Cr.P.C for grant of bail in connection with an offence under Sections 307, 323, 294, 506 and 34 of the IPC. The applicant was in custody since 06.02.2022 and was falsely implicated in the case.
Finding of the Court:
The court, after considering the completion of investigation, the time trial would take, and the lack of requirement for custodial interrogation, granted bail to the applicant without commenting on the merits of the matter.
Issues: The main issue was whether the applicant should be granted bail considering the completion of investigation and the time trial would take for its conclusion.
Ratio Decidendi: The court decided that it was a fit case for grant of bail to the applicant based on the completion of investigation, the time trial would take, and the lack of requirement for custodial interrogation.
Final Decision: The court allowed the bail application and directed the applicant to be released on bail upon furnishing a personal bond and complying with the provisions of Section 437(3) of the Cr.P.C.
JUDGMENT
Vivek agarwal, J. - This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicant, who is in custody since 06.02.2022 in connection with Crime No.76/2022 registered at Police Station Bina, District Sagar (M.P.) for the offence punishable under Sections 307, 323, 294, 506 and 34 of the Indian Penal Code 1860 (for brevity "I.P.C").
It is submitted that complainant and the present applicant are neighbourers. There was a dispute between the children of two families and applicant is falsely implicated. as per the prosecution story, Tara Chand had hit Ramu with a lathi on his head. There is a single lathi blow. There is no allegation of any overt-act on the part of the present applicant. He has been falsely implicated so to settle scores with the present applicant. He is innocent. Main accused is Tara Chand. Investigation is complete. Custodial interrogation of the applicant is not required. Conclusion of trial will take time. Co-accused Biharilal already released on bail by this Court vide order dated 09/03/2022 in M.Cr.C No.11522/2022, hence, prayer is made to enlarge the applicant on bail.
Learned Government advocate for the State opposes the application. after hearing counsel for the parties and considering other facts & circumstances of the case, investigation is complete and charge-sheet is filed, trial will take time for its conclusion, therefore, this Court is of the considered opinion that it is a fit case for grant of bail to the applicant. Hence, without commenting anything on merits of the matter, this application is allowed.
It is directed that applicant Umashankar shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of the Trial Court to appear before the Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
In view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
Certified copy as per rules.
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