RUPESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed this first bail application under Sec. 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail relating to Crime No.33/2023 registered at P.S., Sundersi, District Shajapur (M.P.) for commission of offence punishable under Sec. 307, 323 of IPC. A s per prosecution story, complainant lodged report that applicant's pipeline was passing nearby side of his agriculture field. The said pipeline was damaged and the applicant asked to get repaired the same. On account of the same the quarrel took place between the applicant and complainant. The applicant abused and assaulted the complainant. Accordingly, a case has been registered.

(2.) Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Initially Police has registered the offence under Sec. 323, 294, 506/34 of IPC, but later on Sec. 307 of IPC has been added. The victim Arjun has been discharged from the hospital after seven days. The quarrel took place on account of petty issue. The cross FIR has also been registered The applicant is in jail since 25/3/2023. Investigation is over and charge sheet has been filed and no further custodial interrogation is required. He is a permanent resident of District Shajapur. Final conclusion of trial will take considerable long time. Hence, he prays that applicant be released on bail. Per-contra, learned counsel for respondent/State opposes the bail application and prays for its rejection by submitting that victim sustained hairline fracture on his head and also sustained fracture of his radium bone, therefore, he is not entitled for grant of bail. Perused the impugned order of the court below.

(3.) Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that applicant has used only wooden part of the Farsi, victim Arjun did not sustain any injury by any hard or sharp object and discharghed from hospital after seven days, the applicant is in jail since 25/3/2023, investigation is over, charge sheet has been filed and no further custodial interrogation is required, applicant has no criminal past and final conclusion of trial will take considerable long time, I deem it proper to release the applicant on bail.