Jagdeesh @ Malku Yadav vs The State Of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Online)(MP) 5820

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT st ON THE 1 OF DECEMBER, 2022 MISC. CRIMINAL CASE No. 53642 of 2022 BETWEEN:- 1. JAGDEESH @ MALKU YADAV S/O SIYARAM YADAV, AGED ABOUT 35 YEARS, OCCUPATION: AGRICULTURIST, R/O VILLAGE SUNEHRA, THANA AJAYGARH, DISTRICT PANNA (MADHYA PRADESH)
2. VISHALI KEVAT S/O LATE DEVA KEVAT AGED ABOUT
60 YEARS, OCCUPATION - AGRICULTURIST, 3. BABLU KEVAT S/O VISHALI KEVAT, AGED ABOUT 32 YEARS, OCCUPTATION - AGRICULTURIST
4. DADURAM KEVAT, S/O RAJU KEVAT AGED ABOUT 26 YEARS, OCCUPTATION - AGRICULTURIST ALL R/O VILLAGE SUNEHRA, THANA AJAYGARH, DISTRICT PANNA (M.P.)
.....APPLICANTS (BY SHRI VIJAY KUMAR PANDEY - ADVOCATE)
AND THE STATE OF MADHYA PRADESH THROUGH P.S.
AJAYGARH, DISTRICT PANNA (MADHYA PRADESH)
.....RESPONDENT (BY SHRI C.S. PARMAR - GOVERNMENT ADVOCATE AND SHRI D.S.
LODHI - ADVOCATE FOR OBJECTOR)
This application coming on for admission this day, the court passed the following:

Advocates:
Vijay Kumar Pandey,Advocate General

ORDER

This is first bail application filed under Section 439 of Cr.P.C. on behalf of applicants, who are in jail since 23.09.2022 in connection with Crime No.459/2022, registered at Police Station Ajaygarh, District Panna (M.P.) for the offences punishable under Sections 147, 148, 149, 324, 323 and 307 of IPC.

Learned counsel appearing for the applicants submitted that as per prosecution story, only one Ramesh Yadav was armed with a deadly weapon i.e. an Axe with which he had assaulted Sadhu Singh on his head. Other accused persons are alleged to be carrying lathi. It is submitted that assault has taken place over minor incident. Applicants are in jail since 23.09.2022.

Considering the acts of applicants, they may be released on bail.

Counsel appearing for objector prays for time to file objection to application.

Counsel for objector has not filed any application for permission to argue the case or to help the prosecution in arguments of case. Considering the same, his prayer for further time to file objection is declined.

Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted by him that applicants were present on the spot. All of them were armed with dangerous weapons. Injury caused to complainant Sadhu Singh was dangerous to life. In these circumstances, bail application be dismissed.

Heard the counsel for the parties.

As per the prosecution story, applicants were carrying lathi which is not a dangerous weapon. Main accused in the case is Ramesh Yadav.

Considering the aforesaid facts and circumstances of the case, bail application filed by applicants is allowed.

It is directed that the applicant shall be released on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial court.

In addition to aforesaid condition, the applicants shall abide by the conditions enumerated in Section 437(3) of Cr.P.C.

Certified copy as per rules.

(VISHAL DHAGAT)

JUDGE sp/-

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