RISHI Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first bail application under Section 439 of Cr.P.C. filed on behalf of the applicant, who is in custody since 04/09/2019 in connection with Crime No.62/2019 registered at Police Station Gohad, District-Bhind for the offence punishable under Sections 323, 294, 147, 148, 149 and 326 of IPC.

(2.) It is the submission of learned counsel for the applicant that false case has been registered against the applicant. Medical report nowhere indicates reference of causing incised wound and the allegations are of wielding Farsa blow over the head of the applicant/injured. Even otherwise, parties intend to settle the matter, therefore, moved one petition under Section 482 of Cr.P.C. vide M.Cr.C. No.40245/2019 for settlement of the case. Charge-sheet has already been filed and confinement since 04/09/2019 amounts to pre trial detention. He undertakes to do some community service. Under these circumstances, he prayed for grant of bail. 4. Learned counsel for the respondent-State opposed the prayer. 5. Learned counsel for the complainant expressed no objection if the bail is granted. 6. Heard the learned counsel for the parties and perused the case diary. 7. Considering the submissions made by learned counsel for the parties as well as the fact that confinement amounts to pre-trial detention, without expressing any opinion on merits of the case, the application filed under Section 439 of Cr.P.C. is allowed. It is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac Only) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his regular appearance before the trial Court concerned on the dates fixed by the Court during the trial. 8. This order will remain operative subject to compliance of the following conditions by the applicant:-