P.C.

1. Heard learned counsel for the applicant and learned Additional Public Prosecutor for the State.

2. By this application under Section 439 of the Criminal Procedure Code, the applicant is seeking his enlargement on bail in connection with Crime No.194/2014 registered with Police Station, Panchpaoli, Nagpur for the offences punishable under Section 307 of the Indian Penal Code.

3. Learned counsel for the applicant submits that initially the report was lodged for the offence punishable under Section 326 of the IPC. Learned counsel for the applicant, by inviting my attention to the first information report, submitted that taking the contents of the report as they are reflected, though not admitting the same, it is a case of the young boys, who had been to a dhaba for dinner and on a petty quarrel with one Vishal and the informant, the applicant thought that there are certain abuses levelled against him. The applicant picked up quarrel with them. On the next day, in the late hours of the day, while the complainant/informant and his friends were chating, the applicant was a passerby at that time and he carried an impression that all those boys were making some comments upon him or abusing him.

4. Learned counsel for the applicant submitted that the allegation is the applicant, who was armed with a knife gave a blow to the victim Vishal. Learned counsel submits that even considering the sequence of the events, what reveals is the unintentional quarrel and chat between those young boys and an act under a wrong impression carried by the applicant. Learned counsel for the applicant submits that the material against the applicant is in the form of recovery of knife. He submits that as per the material, the applicant had left the knife on the spot, whereas the recovery was shown after three days of the incident. Learned counsel submits that such a belated recovery of weapon like knife creates an element of suspicion over the aspect of alleged recovery. Learned counsel for the applicant then invited my attention to the injury certificate. He submits that the medical certificate shows injury to thigh and on left hypochondrium region, size 2 cm x .5 cm x cavity deep. He submits that even assuming that the applicant overt acted, this material falls too short to arrive at a conclusion that the applicant had an intention to cause such an injury to the victim, which would be fatal. Learned counsel for the applicant further submitted that the applicant is a young boy prosecuting his studies. He further submitted that there are no criminal antecedents to discredit the applicant. Learned counsel submits that the applicant is behind the bars since last nine months. The investigation is now complete and concluded in filing of the charge-sheet and no purpose would be served by keeping the applicant behind the bars for further indefinite period.

5. Learned APP for the State opposes the application. He further submits that the medical certificate shows that the victim had received the injuries. He, therefore, prayed for rejection of the application.

6. Considering the material namely the report, shows that the prequel to the act was some minor incident which took place at dhaba. The recovery of knife at the instance of the applicant is after three days of the incident. It is not in dispute that the investigation is now over by filing charge-sheet. The apparels of the victim and applicant/ accused as well as the knife are forwarded to the Forensic lab, of which the C.A. report is awaited.

7. In view of above, the learned counsel for the applicant has made out a case for grant of bail to the applicant. the apprehension of the State can be taken care of by imposing conditions on the applicant. In the result, the criminal application is allowed.

8. The applicant be released on bail in Crime No.194/2014 registered with Police Station, Panchpaoli, Nagpur for the offences punishable under Section 307 of the Indian Penal Code, on his executing P.R. Bond of Rs.25,000/- (Rupees Twenty Five thousand only) with one solvent surety in like amount on following conditions :

a] The applicant shall attend Panchpaoli police station on every Sunday of the month between 9.00 am to 12.00 noon till commencement of the trial and thereafter, as and when called by the Investigating Officer and co-operate the investigation agency.

b] The applicant should maintain a diary of his attendance duly countersigned by the Investigating Officer/P.S.O.

c] The applicant shall inform the address of his residence and contact number to the police station.

d] He shall not t

amper with the prosecution witnesses/evidence. e] The applicant should not leave the jurisdiction of the trial Court without its prior permission. In case of breach of the conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. Needless to state that the observations of this Court in said order are for considering the application for bail and the learned Session Judge may not be influenced by these observations while conducting the trial.