MAHESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) They are heard. Perused the case-diary.

(2.) This is the first bail application filed by applicants under Sec. 439 of Criminal Procedure Code, 1973 as they are implicated in connection with Crime No.61/2023 registered at Police Station - Khetia, District Badwani (MP) for offence punishable under Ss. 147, 148, 149, 294, 323, 307, 427 and 506 of IPC. Applicants are in custody since 13/3/2023.

(3.) The allegations against the applicants are that they not only assaulted the complainant party but also vandalized and damaged three motorcycles. Counsel for the applicants has submitted that the applicants are lodged in jail since 13/3/2023 and there is no hospitalization and although a head injury has been suffered by one Saqlen, but there is no query report available on record. It is submitted that the incident took place on the spur of the moment and the final conclusion of trial is likely to take sufficient long time. Hence, it is submitted that the applicants be released on bail. Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that the applicants have caused damage to the property also and as per the photographs available on record, it is a clear case where the applicants party had gone armed with various weapons to assault the complainant party. The applicants' side included 16 persons, who had formed a gang and had gone to the shop of the complainant. Thus, it is submitted that no case for grant of bail is made out. O n due consideration of submissions and on perusal of the case-diary and considering the fact that the injured in the present case was not hospitalized and there is no query report available on record, however, considering the fact that the applicants have also vandalized three motorcycles and the manner in which they have assaulted the complainant's side, this Court is of the opinion that they can be granted bail on some harsh conditions. Accordingly, without reflecting anything on the merits of the case, the application filed under Sec. 439 of Cr.P.C. on behalf of the applicants is hereby allowed, subject to depositing total sum of Rs.30,000.00 (Rupees Thirty Thousand) by each of the applicants or any other person on their behalf before the trial Court at the time of furnishing the bail bond in a fixed deposit in a nationalized bank and producing the receipt/certificate of the same before the concerned trial Court and the said amount shall be subject to the final outcome of the case by the trial Court. The deposit receipt/certificate so produced by the applicants shall be endorsed by the learned Judge of the lower Court to be, 'furnished towards the bail of the applicant and shall be subject to the final decision of the case by the trial Court'.