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Madhya Pradesh High Court · body

2016 DIGILAW 968 (MP)

Deepak Mehar v. State Of M. P.

2016-10-26

S.K.GANGELE

body2016
ORDER : Shri Sushil Tiwari, learned counsel for the applicant. Shri Pradeep Singh, learned GA for the respondent. 2. This is repeat bail application under section 439 of Criminal Procedure Code for offence under sections 302, 34 of Indian Penal Code and section 25/27 of the Arms Act in connection with Crime No. 579/2015 registered at Police Station Koh-eFiza, District Bhopal. 3. Another co-accused Mustak has been granted bail by this Court vide order dated 12-8-2016 in M. Cr. C. No. 13594/2016. Court passed the following order : “Shri N. K. Agarwal, Advocate for the applicant. Shri A. Singh, GA for the non-applicant. This is second bail application under section 439 of Criminal Procedure Code for offence under sections 302, 34 of Indian Penal Code and section 25/27 of the Arms Act in connection with Crime No. 579/2015 registered at Police Station Kohe Fiza, District Bhopal on being rejection of the first bail application as not pressed vide order dated 22-4-2016 with liberty to renew the prayer after three months. Learned counsel for the applicant submits that applicant is in custody since 5-8-2015 and the period of three months has already elapsed from passing the first bail rejection order dated 22-4-2016. As per allegation, the applicant caught hold the deceased whereas two persons, namely, Karan Thakur and Nicky alias Nitin caused injuries to the deceased by means of knife. In that view of the matter, prayer is made to enlarge the applicant on bail. On due consideration of the facts and circumstances of the case, this Court deems it proper to grant bail to the applicant. This application is allowed. Applicant Mustak alias Maulana be released on bail on his furnishing a personal bond in sum of Rs. 50,000/- with one solvent surety in the like amount to the satisfaction of JMFC concerned or CJM for his appearance in trial Court on the dates so fixed by that Court during trial. It is directed that applicant shall comply with the provisions of section 437(3) Criminal Procedure Code.” 4. Prima-facie there appears to be parity between the present applicants and co-accused hence, the application is allowed. 5. It is directed that on furnishing a personal bond in the sum of Rs. 50,000/- ( Rs. It is directed that applicant shall comply with the provisions of section 437(3) Criminal Procedure Code.” 4. Prima-facie there appears to be parity between the present applicants and co-accused hence, the application is allowed. 5. It is directed that on furnishing a personal bond in the sum of Rs. 50,000/- ( Rs. fifty thousand) by the applicant along with one surety in the like amount to the satisfaction of trial Court, the applicant be released on bail with a direction to appear before the trial Court on the date of the trial. 6. The applicant shall abide by the following conditions of 437(3) of Criminal Procedure Code as under :— (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Certified copy as per rules.