MEHAR SINGH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this application filed under section 439 of the Cr. P.C., applicant Mehar Singh has moved the application for grant of bail being implicated in crime No. 90/2012 registered by police Tirla, Dhar for offence under Sections 147, 148, 149, 294, 323, 324, 307, 506 of the IPC. Counsel for the applicant has vehemently urged the fact that it was a case of false implication. Counsel submitted that the applicant is a young man of 25 years of age and he has been falsely implicated in the matter. Moreover, even if the prosecution allegations considered, Counsel submitted that although the FIR has named the present applicant, no overt act has been ascribed to him. Counsel submitted that the injuries sustained by the injured witnesses were simple in nature and the offence would fall one under Section 323 of the IPC. Hence, Counsel has prayed for grant of bail since the applicant has been arrested on 13/7/2012.

(2.) COUNSEL for the respondent State, on the other hand, has opposed the submissions of the Counsel for the applicant. He has submitted that the stick was seized from the present applicant. However, Counsel candidly admitted that no overt act has been ascribed to the applicant and the injuries sustained by the injured witnesses were all simple in nature. However, Counsel prayed for dismissal of the application.

(3.) IT is ordered that the applicant be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/ - (Rupees Twenty five thousand only) with one surety in the like amount to the satisfaction of the Trial Court for his appearance before the concerned trial Court on all dates of hearing as may be fixed by the Trial Court in this behalf during the pendency of trial.