IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL ON THE 2^nd OF JUNE, 2022 MISC. CRIMINAL CASE No. 23486 of 2022 Between:-

SURAJ SINGH PAYAK (PARIHAR) S/O SURESH SINGH PARIHAR , AGED ABOUT 25 YEARS, OCCUPATION: AGRICULTURIST GRAM GULGANJ, P.S. GULGANJ, DISTRICT CHHATARPUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI SIDDHARTH GULATEE-ADVOCATE )

AND THE STATE OF MADHYA PRADESH THROUGH THANA INCHARGE POLICE STATION GULGANJ CHHATARPUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI PRAMOD KUMAR CHOUBEY-DEPUTY GOVERNMENT ADVOCATE )

This application coming on for admission this day, the court passed the following:

ORDER

Applicant Suraj Singh Payak (Parihar) has been arrested in connection with Crime No.58/2022 of P.S. Gulganj District-Chhatarpur for commission of offence under Sections 452, 327, 329, 294, 323, 506 r/w 34 of IPC. and he is in jail since 19.04.2022.

As per the prosecution story, on 18.04.2022 Sadik Khan, resident of Gulganj lodged an FIR stating that he runs a cloth shop at bus stand. On 18.04.2022 at around 04:30 p.m. Suraj Singh, Kapil and Krash Pathak armed with lathis came inside his shop and asked to pay Rs.500/- for consuming liquor. When he refused to give the money they abused him and caused injuries to him and his brother Jahid Khan by means of lathis. They had sustained injuries on their person. In medical examination, two injuries have been found on the person of Jahid and three injuries were found on the person of Sadik.

After investigation, charge sheet has been filed before JMFC, Bijawar.

After taking into consideration the period of incarceration of the applicant and the fact that after investigation, charge sheet has been filed, the trial of the case will take considerable time; therefore, it is not desirable to keep the applicant in jail for indefinite period.

Consequently, this first application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant-Suraj Singh Payak (Parihar), stands allowed.

It is directed that applicant shall be released on bail on his furnishing a 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, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court during trial and he shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(DINESH KUMAR PALIWAL)

V. JUDGE Digitalyb signed by BIJU BABY D 18 a : t 0 e 2 : : 2 0 0 0 2 + 2 0 .0 5 6 '3 .0 0 '