GOLU v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-16. GOLU v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV th ON THE 16 OF JANUARY, 2024 MISC. CRIMINAL CASE No. 1764 of 2024 BETWEEN:- GOLU S/O SHRI RAJU KUSHWAHA, AGED ABOUT 26 Y E A R S , OCCUPATION: LABOURER VILLAGE SHAHRONK P. S. ARON DISTRICT GUNA (MADHYA PRADESH) ..... APPLICANT (BY MR. S. K. TIWARI - ADVOCATE) AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION ARON DISTRICT GUNA (MADHYA PRADESH) ..... RESPONDENT (BY MR. A. P. S. CHOUHAN - PUBLIC PROSECUTOR) This application coming on for admission this day, the court passed the following: ORDER This is the first application filed by the applicant under Section 439 of the Cr. P. C. for grant of bail relating to FIR No. 806 of 2023 registered at Police Station Aron, District Guna (M. P. ) for the offence under Sections 294, 323, 324 and 326 of IPC Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated.
As per prosecution story, incident occurred on account of sudden fight. Applicant - accused has not used any dangerous means to assault the injured / complainant. Allegedly, the stone lying there was Signature Not Verified Signed by: ALOK KUMAR Signing time: 1/16/2024 08:40:28 PM used to cause injury. It is further argued that applicant is in custody since 11. 12. 2023. After conclusion of investigation, charge-sheet has already been filed, therefore, there is no requirement of further custodial interrogation of the applicant. Applicant is in custody since 11. 12. 2023. He is the permanent resident of District Guna (M. P. ) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, he prays for grant of bail to the applicant. Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its dismissal. Heard learned counsel for the rival parties and perused the case diary available on record.
Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 50,000 (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court/committal court.
This order will remain operative subject to compliance of the following conditions by the applicant:- 1) The applicant will comply with all the terms and conditions of the bond executed by him/her; 2) The applicant will cooperate in the investigation/trial, as the case may be; 3) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4) The applicant will not commit any other offence or will not repeat the offence in future; Signature Not Verified Signed by: ALOK KUMAR Signing time: 1/16/2024 08:40:28 PM 5) The applicant will not seek unnecessary adjournments during the trial; and 6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action. E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court. Certified copy as per rules. (SUNITA YADAV) JUDGE AKS Signature Not Verified Signed by: ALOK KUMAR Signing time: 1/16/2024 08:40:28 PM
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