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Madhya Pradesh High Court · body

2020 DIGILAW 1044 (MP)

Rajesh Katare v. State Of Madhya Pradesh

2020-10-08

J.P.GUPTA

body2020
JUDGMENT J. P. Gupta, J. - This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail, who is in custody since 28.8.2020 in connection with Crime No.560/2020 registered at Police Station City Kotwali District Khandwa for the offence punishable under Sections 436 and 120-B of the IPC. 2. Allegation against the applicant is that he instigated the co-accused to set ablaze the shop of the victim by giving Rs.5,000/-. 3. It is submitted that the applicant is innocent. He is in custody since 28.8.2020. Charge sheet has been filed. Trial will take time due to Covid-19. He has been arrayed only on the memorandum given by co-accused Chandan who was found indulged in the incident in the CC TV footage, while thereafter nothing has been collected to establish the alleged act against the applicant and the memo of the co-accused is not admissible in evidence. Apart from it, in the incident the shop of the applicant was also destroyed in the fire. In the circumstances, the applicant is entitled to get the benefit of bail. 4. Learned P.L., as well as the learned counsel for the objector opposed the application and prayed for rejection of the same. 5. Having considered the contentions of learned counsel for the parties and perusing the record, without commenting anything on the merits of the case, in view of this court, it is a fit case to grant bail. Hence, this application is allowed. 6. Applicant Rajesh Katare is directed to be released on bail on his furnishing a personal bond in a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with a solvent surety in the like amount to the satisfaction of the trial court for his appearance before the trial Court on the dates so fixed by that Court during trial. It is directed that applicant shall comply the provisions of Section 437(3) Cr.P.C. 7. Certified copy as per rules.