GANESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is SECOND repeat application under Sec. 439 of Code of Criminal Procedure, 1973 for grant of bail filed by the applicant - Ganesh @ Dinesh who is in custody since 9/12/2019 in connection with Crime No.1343/2019, registered at Police Station Banganga, District Indore for the offence punishable under Ss. 307, 323, 324, 294, 506 and 34 of IPC. First application was dismissed as withdrawn vide order dtd. 5/12/2022 in M.Cr.C.No.56884/2022. This application has been filed as injured Atul Morya and his father Ashok Morya have been examined as PW-1 and PW-2 on 7/1/2022 and 7/4/2022.

(2.) Learned counsel for the applicant submits that after the examination of the injured, no other witness has been examined. The applicant is 21years of age with no criminal past. The main charge is under Sec. 307 of IPC. The trial will take time to conclude since the injured have been examined, therefore, there is no question of putting any pressure or influencing the witness. The applicant said to have caused the injury by means of bottle on the head of the father of complainant but there is no fracture. The applicant is in custody since 9/12/2019 and if he remains in custody with hardened criminals, his future will spoil. Hence, prays that the applicant be released on bail. Learned Government Advocate for the respondent/State opposes the bail application and prays for its rejection.

(3.) Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed and the applicant - Ganesh @ Dinesh is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000.00 (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated under Sec. 437(3) Cr.P.C. C.c. as per rules.