SURESH Vs. STATE OF M P

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the case diary. This is first bail application under section 439 of CrPC by the applicants. Crime No. 76 of 2005 is registered against the present applicants at police station Cantonment district Guna for committing offence under sections 147, 148, 323, 324, 294, 307, 506-B and 302/149 of IPC. It is alleged that the applicants alongwith co-accused had formed an unlawful assembly and had caused injuries to the deceased Mokam Singh by sticks and Luhangi. It is stated that the deceased died on account of the injuries sustained by him in the incident. It is further stated that the applicants and co-accused have also caused injuries to five other injured. But the contention of learned counsel for the applicants is that the deceased Mokam Singh has died due to head injury which is attributed to co-accused Govind. It is submitted that the allegation against applicant No. 1 Suresh is to have caused injury on the finger of right hand of the deceased by stick and applicant No. 2 has caused injury on left knee of the deceased and both these injuries of the deceased are not fatal and on non-vital parts. It is further submitted that the injuries to all other injured are not dangerous to life. It is submitted that on the report lodged by co-accused Govind, a cross case bearing Crime No. 77 of 2005 is also registered against the complainant party for committing offence under sections 147, 148, 323/149, 294 and 506 of IPC and that co-accused Raghuvir Singh and Govind have also sustained injuries in the incident. Applicants are in custody since 22.2.2005 and after investigation challan has been filed. Considering the above facts, but without expressing any opinion on the merits of this case, application is allowed. It is directed that the applicants released on bail on their furnishing personal bond in the sum of Rs. 50,000/- (Rs. fifty thousand only) each with one solvent surety in the like amount to the satisfaction of the trial Court.