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Sheela Khanna, J.
Ramratan v. State of M.P.
Miscellaneous Criminal Case No. 5190 of 2003 (G); Decided on 10.1.2006. *
V naM izfdz;k lafgrk] 1973 && /kkjk 439 && Hkkjrh; naM lafgrk dh /kkjk 307@34] 323] 294 rFkk vk;q/k vf/kfu;e dh /kkjk 25 rFkk 27 ds v/khu vijk/k & vkosnd ds firk dh gR;k dh xbZ rFkk mlh ?kVuk esa ukrsnkjksa dks lk/kkj.k vkSj xaHkhj {kfr;k¡ gqbZ && tekur eatwj dh xbZA
This is first bail application under section 439 of CrPC by the applicant, who has been arrested and in custody for committing offence under sections 307/34,323,294 of IPC and under section 25, 27 of the Arn1s Act, registered by police station Andori, District Bhind, in connection with Crime No. 59/ 2005.
It is alleged that the present applicant fired two shots by his gun causing injuries over the chest and left arn1 of the complaint Rajesh. Other co-accused also caused injuries to Ramavtar by sticks. The contention of the learned counsel for the applicant is that the complainant party was aggressor in this case and that the father of the applicant has been murdered in this case, who had sustained as many as seven injuries in the incident and that the applicant, his mother, brother and sister-in-law (Bhabhi) have sustained various injuries in the incident. It is stated that the mother of the applicant has sustained fracture of tibia and fibula and fracture of 2nd, 3rd and 4th metacarpal of her left hand and upon the report lodged by the present applicant a cross case bearing Crime No. 60/2005 has been registered against the complainant party for committing offence under sections 147, 148,302/149, 307, 294 and 323 of IPC. It is also submitted that the injured Rajesh of this case (Crime No. 59/05) has been discharged from the hospital and injuries of Ramavtar are simple in nature. After investigation, challan has been filed in the Court. The trial and disposal of the case is likely to take time.
Considering the above facts, but without expressing any opinion on the merits of the case, application is allowed. Applicant be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rupees fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court.
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The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
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A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
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