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2024 Supreme(Online)(MP) 33707

HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE VISHAL DHAGAT, J
Nauman Ahmad – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 13535/2024



Advocates:
Saurabh Shrivastava,Advocate General

The court granted bail based on a compromise between the parties, emphasizing that the merits of the case were not to be considered.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - Bail application - First bail application filed for grant of regular bail concerning FIR No.72/2024 for offences under Sections 307, 294, 323, 506, 34 of IPC - Compromise between parties established, leading to the request for bail - Applicant has been in custody since 14.03.2024. (Paras 1, 2, 6)

(B) Bail - Consideration of compromise - The court allowed the bail application based on the compromise between the parties, without commenting on the merits of the case. (Paras 6, 7)

Facts of the case:
The applicant, accused in FIR No.72/2024, has been in jail since 14.03.2024, and both parties have reached a compromise, seeking a peaceful resolution. (Paras 2, 3)

Findings of Court:
The bail application is allowed, and the applicant is to be released on bail upon furnishing a personal bond of Rs.50,000/- with one solvent surety. (Paras 6, 7)

Issues: The main issue addressed was whether the compromise between the parties warranted the granting of bail. (Paras 6)

Ratio Decidendi: The court determined that the existence of a compromise between the parties justified the granting of bail, emphasizing that the merits of the case were not to be commented upon. (Paras 6)

Result: Bail application allowed.

ORDER

This is first bail application filed by applicant under Section 439 of Cr.P.C. for grant of regular bail relating to FIR No.72/2024 registered at Police Station-Teela Jamalpura, District-Bhopal (MP) for the offence under Sections 307, 294, 323, 506, 34 of the IPC.

2. Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. Applicant is in jail since 14.03.2024. Learned counsel appearing for the applicant submitted that there is compromise between the parties. Now both the parties had settled their differences and they want to lead a peaceful life. Considering the compromise, applicant may be released on bail.

3 . Learned counsel appearing for the applicant verifies the factum of compromise.

4 . Government Advocate appearing for the State opposed the bail application.

5. Heard learned counsel for the parties.

6. In view of compromise entered between the parties, without commenting on the merits of the case, bail application filed by the applicant is allowed.

7. It is directed that the applicant shall be released on bail on 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 concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

8. The applicant shall also abide by the following conditions of Section 437(3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

    (b) that such person shall not commit any offence similar to the offence of which she is accused, or suspected of the commission of which she is suspected and;
    (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

9. Certified copy as per rules. 

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