IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PREM NARAYAN SINGH th ON THE 17 OF AUGUST, 2024 MISC. CRIMINAL CASE No. 35208 of 2024 INDER SINGH AND OTHERS Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Mitesh Jain, learned counsel for the Petitioners.

Shri H.S.Rathore appearing on behalf of Advocate General.

Shri Ravi Sagre, learned counsel for the Respondent [COMP].

ORDER Heard and perused the record.

This is first bail application filed under Section 483 of BNSS, 2023 (Section 439 of Cr.P.C, 1973) for grant of bail during trial relating to Crime No.229/2024 dated (not mentioned), registered at Police Station-Tanda District-Dhar for the offence under Sections 307, 294, 34, 354, 120-B of IPCt. The applicants are in custody since 22.06.2024.

2. As per the prosecution story, the allegations against the applicants are that they alongwith other co-accuse have assaulted the complainant who is lady brutally and caused injuries to her.

At the very outset, counsel for the applicants prays for withdrawal of the application with liberty to renew the prayer after three months from today Signature Not Verified qua the applicants namely Inder Singh, Sadhu @ Kharu, Ballu, and Antar.

Prayer is allowed.

The application is dismissed as withdrawn with the aforesaid liberty qua the applicants Inder Singh, Sadhu @ Kharu, Ballu, and Antar.

3. So far as the applicants Mukesh @ Madiya and Gulab Singh are concerned, learned counsel for the applicants submits that the applicant are innocent and have been falsely implicated in the present crime. It is further submitted that the they have not played any specific role in the incident. It is also submitted that complainant has also filed no objection. The applicants are in custody since 22.06.2024. Conclusion of trial will take sufficient long time. Under these circumstances, counsel prays for grant of bail to the applicant.

4. Learned counsel for the State has opposed the application and prayed for its rejection. However, counsel for the complainant has no objection if the applicants are granted bail.

5. I have heard the learned counsel for the parties and perused the record.

6. Looking to the facts and circumstances of the case, the rival submissions of the counsel for the parties, custody period of the applicants, without commenting on the merits of the case, this application is allowed.

7. It is directed that the applicants Mukesh @ Madiya and Gulab Singh be released on bail on their furnishing a personal bond in the sum of Signature Not Verified Rs.50,000/- (Rupees Fifty Thousand Only)each with one solvent surety to the satisfaction of the trial court for securing their presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3)

Cr.P.C.

8. This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified Copy as per rules.

(PREM NARAYAN SINGH)

JUDGE amit Signature Not Verified