MUNNALAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicants have filed this first bail application under Sec. 439 of the Code of Criminal Procedure, 1973 on behalf of the applicants for grant of regular bail relating to Crime No.422/2019 registered at P.S. Badnawar, District Dhar (M.P.) for commission of offence punishable under Ss. 294, 323, 324, 506 and 34 of IPC. They are in jail since 20/3/2023.

(2.) As per the prosecution story, on 25/7/2019, when complainant alongwith his brothers Kailash and Rakesh were irrigating the land of Jagdish, at that time, accused persons came there and started abusing him in filthy language. When they objected, then all the accused persons started beating the complainant and his brothers. Thereafter, complainant lodged an FIR at P.S. Badnawar, District Dhar. Accordingly, a case has been registered against the applicants.

(3.) Learned counsel for the applicants submits that applicants are innocent persons and they have been falsely implicated in this matter. Applicants are in jail since 20/3/2023. On 20/3/2023, applicants have already been granted bail by the trial Court, but later on they were remained absent and trial Court has declared him absconded, therefore, applicants themselves surrendered before the trial Court. Both the applicants are languishing in jail for about four months jail incarceration. Offence is exclusively triable by JMFC. Final conclusion of trial will take considerable long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.