Pinki @ Krishna Kumar vs. The State Of Madhya Pradesh

The High Court Of Madhya Pradesh

MCRC-9258-2021

(PINKI @ KRISHNA KUMAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 18-02-2021

Shri Sanjeev Kumar Singh, learned counsel for the applicants. Shri Manoj Kushwaha, learned P.L. for the respondent/State. Heard with the aid of case diary.

This is fourth bail application filed under Section 439 of the Cr.P.C. for grant of bail. Applicants Pinki @ Krishna Kumar and Sanjay Barman were arrested on 23/09/2019 in connection with Crime No.202/2019 registered at Police Station Dheemerkheda, District Katni (M.P.) for the offence punishable under Sections 294, 324, 327, 506 and 34 of the IPC.

The earlier bail applications filed by the applicants were dismissed as withdrawn by this Court vide orders dated 07/01/2020, 21/08/2020, 21/08/2020 & 06/11/2020 passed in M.Cr.C.Nos.43472/19 (both applicants), 24363/2020 (applicant No.1), 12612/2020 (applicant No.2) & 40127/2020 (both applicants) respectively.

A s per prosecution case on 02/07/2019 at Khamtara bus-stand applicants Pinki @ Krishna Kumar & Sanjay Barman and co-accused Vijay Sen demanded money from complainant Bhim Sen for drinking wine. When he objected, they assaulted him by kicks and fists and applicant No.2 Sanjay Burman assaulted him by stick, due to which he sustained injuries. They also threatened to kill him.

Learned counsel for the applicants submits that the applicants are innocent and have falsely been implicated in the offence. Even otherwise the alleged offence is triable by Judicial Magistrate, First Class. The statement of injured Bhimsen Singh (PW/2) has been recorded by the trial Court, so there is no apprehension of tempering with the evidence by the applicants. Applicants are in custody since 23/09/2019. The charge-sheet has been filed and conclusion of trial will take time, hence prayed for release of the applicants on bail.

Learned counsel for the respondent/State opposed the prayer.

Looking to the facts and circumstances of the case and the fact that the alleged offence is trial by Judicial Magistrate, First Class, the statement of injured Bhimsen Singh (PW/2) has been recorded by the trial Court, the applicants are in custody since 23/09/2019, the charge-sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicants be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with one surety each in the like

amount to the satisfaction of the concerned Court for their appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicants :

1. The applicants will comply with all the terms and conditions of the bond executed by them ;

2. The applicants will cooperate in the trial;

3. The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer;

4. The applicants shall not commit an offence similar to the offence of which they are accused;

5. The applicants will not seek unnecessary adjournments during the trial; and

6. The applicants will not leave India without prior permission of the trial Court.

(RAJEEV KUMAR DUBEY) JUDGE

Certified copy as per rules.

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