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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
G.S. Ahluwalia, J.
Vikram Singh Lodhi & Anr. – Appellants
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.830 of 2022
Decided On : 07-01-2022
Bail - Assault - The court allowed the bail application for the second applicant, considering the absence of a fracture in the victim's leg and the lack of criminal history for the applicant. The bail was granted with a personal bond and surety, and the order would remain effective till the end of the trial.
Fact of the Case:
The applicants were arrested for offenses under various sections of the IPC and the arms act. The first applicant withdrew the bail application, and the second applicant, accused of assaulting the complainant, sought bail due to the expected lengthy trial and absence of risk of absconding or tampering with the prosecution case.
Finding of the Court:
The court allowed the bail application for the second applicant, considering the absence of a fracture in the victim's leg and the lack of criminal history for the applicant.
Issues: Bail application for the second applicant accused of assault.
Ratio Decidendi: The decision was influenced by the absence of a fracture in the victim's leg and the lack of criminal history for the applicant, indicating a lower risk of absconding or tampering with the prosecution case.
Final Decision: The court granted bail to the second applicant with a personal bond and surety, to remain effective till the end of the trial.
JUDGMENT
G.S. ahluwalia, J. - This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed as withdrawn by order dated 21/12/2021 passed in M.Cr.C. No.62649/2021.
The applicants have been arrested on 4/12/2021 in connection with Crime No.257/2021 registered at Police Station Gyaraspur, Distt. Vidisha for offence under Sections 294, 323, 341, 506, 34, 325, 326 of IPC and Section 25 of the arms act.
At the outset, the counsel for the applicants seeks permission of this Court to withdraw this application filed on behalf of applicant no.1-Vikram Singh Lodhi.
Accordingly, the application is dismissed as withdrawn so far as applicant no.1-Vikram Singh Lodhi is concerned.
So far as the applicant no.2-Sangram Singh Lodhi is concerned, it is submitted by the counsel for the applicants that he is in jail from 4/12/2021. The allegations are that he had assaulted on the leg of the complainant by means of an iron rod, however, it is submitted that as per the MLC, no fracture was found. The applicant no.2 is in jail for the last more than one month. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the State. However, after going through the police case diary, it is submitted that the injured did not suffer any fracture of tibia or fibula bone and further submitted that as per police case diary, the applicant no.2-Sangram Singh Lodhi has no criminal history.
Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed, so far as applicant no.2 is concerned. It is directed that the applicant no.2-Sangram Singh Lodhi be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.
The decision to grant bail was influenced by the absence of a fracture in the victim's leg and the lack of criminal history for the applicant, indicating a lower risk of absconding or tampering with ....
The court established that the nature of the injury and the duration of judicial custody are significant factors in deciding bail applications under Section 439 Cr.P.C.
The main legal point established is that the period of detention and lack of criminal antecedents can be considered in granting bail, without commenting on the merits of the case.
The court considered the duration of pre-trial incarceration, the nature of the allegations, and the absence of comments on the merits of the case in granting bail.
The examination of the victim is a crucial factor in considering bail applications under Section 439 of Cr.P.C.
Bail can be granted when the injuries are not grievous, and the trial is expected to be prolonged, especially when co-accused have been granted bail.
Lack of prosecution and interest by the applicant can lead to dismissal of a bail application.
The court considered the nature of allegations, period of detention, and the absence of heinous offenses in the applicant's criminal history in allowing the bail application.
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