RAJA BHAIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the second application under Sec. 439 of the Cr.P.C. for grant of bail relating to FIR No.256 of 2022 registered at Police Station Bamore, District Morena (M.P.) for the offence under Ss. 323, 294, 506, 34, 324 and 326 of IPC. Allegation against the present applicant is that he inflicted injuries to injured Ramu by means of farsa. Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. On several occasions, the case has been listed for recording of evidence of prosecution witnesses, however, the injured persons are not turning up deliberately to cause delay in the trial, which is evident from the order-sheets filed by the applicant along with this bail application from page No. 27. Further argument is that the applicant is in custody since 13/9/2022. Conclusion of trial is likely to take long time.

(2.) Applicant is the permanent resident of District Morena (M.P.) and there is no possibility of his absconsion o r tampering with the prosecution evidence. He has no criminal antecedents. On these grounds, he prays for grant of bail to the applicant. Per contra, learned counsel for the State opposed the bail application and prayed for its rejection. Heard learned counsel for the rival parties and perused the case diary available on record.

(3.) Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000.00 (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the trial Court/committal Court.