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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Subodh Abhyankar, J.
Gyanu – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 5204 of 2023
Decided On : 01-02-2023
Bail Application - Offence under IPC Sections 307, 323, 324, 294, 506 - The court dismissed the bail application considering the seriousness of the injury suffered by the complainant and the lack of reason to presume false allegation.
Fact of the Case:
The applicant filed a bail application under Section 439 of the Criminal Procedure Code, 1973 for offences under IPC Sections 307, 323, 324, 294, 506, and was in custody since 23.12.2022. The allegation was causing injury to the complainant.
Finding of the Court:
The court dismissed the bail application, considering the seriousness of the injury suffered by the complainant and the lack of reason to presume false allegation against the applicant.
Issues: The main issue was whether the applicant should be granted bail given the seriousness of the injury suffered by the complainant and the addition of offence under Section 307 of IPC after the charge sheet was filed.
Ratio Decidendi: The court's decision was influenced by the seriousness of the complainant's injury and the lack of reason to presume false allegation against the applicant, leading to the dismissal of the bail application.
Final Decision: The bail application was dismissed as it was deemed devoid of merits.
JUDGMENT
Subodh Abhyankar, J. - They are heard.
2. Perused the case diary / challan papers.
3. This FIRST application under Section 439 of Criminal Procedure Code, 1973 (herein after referred to as the Code) has been filed on behalf of the applicant for grant of bail, as he has been arrested in connection with Crime No.1870/2022 registered at Police Station Lasudiya, Indore District Indore (MP) for offence punishable under Sections 307, 323, 324, 294 and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC).
4. The applicant is in custody since 23.12.2022.
5. The allegation against the applicant is that of causing injury to complainant Akshar @ Akshat Goswami S/o Manoj Goswami on his head.
6. Counsel for the applicant has submitted that initially a case under Section 324 of IPC was registered against the applicant and the applicant was given a notice under Section 41-A of the Code. However, subsequently, after the charge sheet has been filed, offence under Section 307 of IPC has also been added.
7. It is further submitted that the charge sheet has already been filed and the applicant is lodged in jail since 23.12.2022.
8. Counsel has also submitted that there are different version of the incident and the applicant has been falsely implicated in the case, that he has also suffered injury on his head (the documents regarding which have also been placed on record).
9. Thus, it is submitted that the application be allowed.
10. Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that various injuries have been suffered by the complainant and he was hospitalized for a period of around nine days. Thus, no case for grant of bail is made out, as the complainant has already suffered an injury on his face, which was caused by other accused Lalit.
11. Having considered the rival submissions and on perusal of the case diary as also taking note of the seriousness of the injury suffered by the complainant, this Court is not inclined to allow the present bail application, at this stage itself, as there is no reason for this Court to presume that the complainant who was hospitalized for a period of around nine days would make a false allegation against the applicant and would save the real culprit.
12. In view of the same, Miscellaneous Criminal Case No.5204/2023 being devoid of merits is hereby dismissed.
The court's decision to grant bail was based on the provisions of Section 439 of the Criminal Procedure Code, 1973, and the consideration of the injury suffered by the complainant and the likelihood ....
The court's decision to grant bail was influenced by the nature of injuries, prolonged custody, and the likelihood of a lengthy trial, as per the provisions of Section 439 of the Criminal Procedure C....
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 t....
The court may grant bail under Section 439 of the Cr.P.C. based on the applicant's plausible involvement in the offence.
The court considered the similarity of the applicant's case to that of the co-accused who had been granted bail previously and the likelihood of a lengthy trial as grounds for allowing the bail appli....
The lack of corroboration of the injury attributed to the applicant and the completion of the investigation with the filing of the charge-sheet influenced the court's decision to grant bail.
Accused-petitioner granted bail due to lack of criminal antecedents and insufficient evidence linking him to the injury caused, as allegations primarily attributed to co-accused.
The court has the discretion to grant bail based on the circumstances of the case and completion of investigation and charge sheet filing.
The importance of legal evidence and the absence of a Test Identification Parade in implicating an individual in a criminal offence.
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