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Madhya Pradesh High Court · body

2006 DIGILAW 610 (MP)

Naru v. State of M. P.

2006-04-27

S.C.VYAS

body2006
ORDER 1. Both panics heard. Case diary perused, 2. This is first application under section 439 CrPC for grant of bail in connection with Crime No. 94/05. registered by police Chandpur. District Jhahua under sections 147, 148, 149, 307 & 302/34 of the IPC against the present applicants and other co-accused persons. 3. Learned counsel for the applicants at the outset submitted that he does not want to press the application of applicant No. 2 Amda s/o Nuru @ Nuriya Bhil, therefore. his application is dismissed as not present. 4. So far as applicant No. 1 Naru @ Nuriya s/o Bhurla is concerned learned counsel for the applicant submitted that he had not caused any injury to the deceased and the only allegation against him is regarding catching hold of the deceased whereas as per the prosecution story he was also armed with a faliya and if he was having intention to cause an) injury then he could have easily used that faliya for causing injury to the deceased. Lastly he submitted that in similarly situated circumstances one Balu s/o Dhula has been released on bail by the orders of this Court. 5. Having considered the material available on record against applicant No.1 and the arguments advanced by the learned counsel for the applicants, the application is allowed and it is directed that the applicant No. 1 Naru @ Nuriya s/o Bhurla Bhil be released on bail on his furnishing a personal bond of Rs. 25,000/- with a surety of like amount to the satisfaction of the JMFC Alirajpur for his appearance before the committal Court trial Court on all dates as may be fixed during pendency of the trial. He further directed to abide conditions enumerated in section 437 (3) of the CrPC.