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Madhya Pradesh High Court · body

2011 DIGILAW 771 (MP)

Sahil Khan v. State of M. P.

2011-07-14

G.S.SOLANKI

body2011
ORDER 1. This is the second bail application filed by the applicant under section 439 of the CrPC for grant of bail. The applicant has been arrested on 15.7.2010 in connection with Crime No. 160/2008 registered under sections 302, 201 of IPC at Police Station Chhipawar, District Harda. First application was dismissed on 16.12.2010. 2. Lerned counsel for the applicant has submitted that the applicant has been falsely implicated in the case. Previous application was dismissed on the basis of police statement of Zahid Patel. She further submitted that Zahid has turned hostile during trial. Considering the aforesaid fact co-accused Ramjan has been enlarged on bail by this Court vide order dated 1.7.2011 passed in M.Cr.C. No. 3795/2011. 3. Learned counsel for State has opposed the application. 4. On due consideration of the contention raised by learned counsel for the applicant and considering the fact that Zahid has not supported the prosecution case, I am of the opinion that it is a fit case to release the applicant on bail, therefore, without commenting on the merit of the case, this application is allowed and it is directed that applicant shall be released on bail on his furnishing a personal bond to the tune of Rs. 50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of trial Court, for securing his presence before trial Court on all the dates of hearing fixed in this regard during trial.