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Madhya Pradesh High Court · body

2020 DIGILAW 1035 (MP)

Satyam Kushwaha v. State Of Madhya Pradesh

2020-10-07

V.P.S.CHAUHAN

body2020
JUDGMENT Vishnu Pratap Singh Chauhan, J. - Heard on this first bail application filed under Section 439 of Cr.P.C. on behalf of the applicant. 2. The applicant is in jail in connection with Crime No.676/2020 registered a t Police Station Ranjhi, District Jabalpur, for commission of offence punishable under Sections 294, 223, 327, 331, 506 r/w 34 of IPC. 3. The case of the prosecution, in short, is that, applicant along with other co-accused persons stopped the way of the victim and asked for Rs.500/- for consuming liquor. On denying, the applicant and the co-accused persons started abusing him with filthy words and beaten the victim. 4. Learned counsel for the applicant submits that, applicant is under judicial custody since 25.08.2020. After investigation charge-sheet has been filed. It is further submitted that other co-accused persons have already been enlarged on bail, therefore, on the ground of parity, prayer is made to enlarge the applicant on bail. 5. Learned Panel Lawyer for the respondent/State, on the other hand, has vehemently opposed the application and submits that applicant has criminal antecedent and prayed to dismiss this application. 6. Heard learned counsel for the parties and perused the record. No doubt, applicant is having criminal antecedent and previously a criminal case was registered against the applicant, but considering the fact that the co-accused persons have already been enlarged on bail, so also the present situation of widespread of novel covid-19 virus, this court is inclined to release the applicant on bail. 7. Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant- Satyam Kushwaha, stands allowed. 8. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure. 9. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. 10. Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant. 11. 9. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. 10. Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant. 11. Certified copy as per rules.