Bail can be granted even if the applicant's name is not mentioned in the FIR, provided there is a prima facie case based on other evidence.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - Bail application - The applicant sought bail in connection with FIR/Crime No.127/2024 for offences under Sections 307, 294, 506, 341, 34 of IPC - The investigation is complete, and a charge sheet has been filed - The FIR did not mention the applicant's name, and the complainant's statement under Section 161 did not implicate the applicant - However, the victim's statement indicated the applicant's presence at the scene and involvement in the assault - A prima facie case for bail was established. (Paras 1-5)

Facts of the case:
The applicant, along with co-accused, allegedly caused injuries to two victims. The FIR did not name the applicant, and the complainant's statement did not include allegations against him.

Findings of Court:
The court found that a prima facie case for bail was made out based on the statements of the complainant and victim.

Issues: The main issue was whether the applicant's involvement in the alleged crime warranted bail despite the lack of mention in the FIR.

Ratio Decidendi: The court ruled that the absence of the applicant's name in the FIR and the complainant's statement did not preclude the possibility of bail, especially given the victim's statement indicating the applicant's involvement.

Result: Application allowed.

ORDER

This is first application filed under Section 439 of Cr.P.C . for grant of regular bail relating to FIR/Crime No.127/2024 dated (not mentioned) registered at police station Lasudiya District Indore (M.P.) for commission of offence punishable under Sections 307, 294, 506, 341, 34 of IPC.

2. As per the prosecution case, it is alleged that the present applicant alongwith main accused Bunty and Jitendra came at the spot and the injury was caused to Harprasad and Vikram.

3. Learned counsel for the applicant submits that the investigation is (VIJAY KUMAR SHUKLA) V. JUDGE completed and the charge sheet is filed. It is argued that in the FIR, the name of the applicant was not mentioned by complainant Vikram. Harprasad in his statement under section 161 of Cr.P.C also did not make any allegation against the applicant.

4. Learned counsel for the respondent/state opposed the prayer and submits that the other victim of Vikram in his statement under section 161 of Cr.P.C stated that the present applicant was also present at the spot and had committed Mar Pith with fists and kicks.

5. After hearing learned counsel for parties and taking into consideration the statement of complainant Harprasad and victim Vikram, the allegation against the applicant is to cause injury to the victim by fists and kicks. The allegation against Bunty and Jitendra is to cause injury to Bikram with the help of knife on vital parts of the body, prima facie case is made out for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

6. It is directed that Applicant- Babulal shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below.

7. A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is directed to forward a copy of this order to the court below.

C.c. as per rules.

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2024 Supreme(Online)(MP) 50578

HIGH COURT OF MADHYA PRADESHHON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA, JBabulal – AppellantVersusThe State Of Madhya Pradesh – RespondentMCRC 21324/2024

Bail can be granted even if the applicant's name is not mentioned in the FIR, provided there is a prima facie case based on other evidence.

HIGH COURT OF MADHYA PRADESH
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA, J
Babulal – Appellant
Versus
The State Of Madhya Pradesh – Respondent
MCRC 21324/2024