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2020 DIGILAW 844 (MP)

Kaiya Gond v. State Of Madhya Pradesh

2020-09-02

ATUL SREEDHARAN

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JUDGMENT Atul Sreedharan, J. - Heard. 2. This is the second bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.206/2019 for the offences punishable under Sections 307, 147, 148, 149, 323 of IPC, registered at Police Station-Shahgarh, District-Sagar. The first application of the applicant having been dismissed vide order dated 27.06.2020 passed in M.Cr.C. No.16404/2020 with liberty to the applicant to file afresh after the statement of the injured witness is recorded before or six months, whichever is earlier. 3. The applicant is in judicial custody since 29.04.2020 in the aforementioned case. The charge against his is of having assaulted the complainant and his wife for which, inter-alia Section 307 of the I.P.C. has also been registered against the applicant, in view of the injuries suffered by the complainant. 4. Learned counsel for the applicant has filed an application for compromise supported by an affidavit of the complainant in which, he has expressed his no objection to the applicant being granted bail, saying that they are all from the same family. The said affidavit has been got verified by the Police in which the complainant has stated that the affidavit has been executed without any fear, force or coercion. 5. Under the circumstances, in view of the verification report given by the Police and the affidavit of the complainant and for the reasons stated hereinabove, the application is allowed and it is directed that the applicant shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with one surety in the like amount to the satisfaction of the learned trial Court. 6. The Jail authorities shall have the applicant checked by the Jail doctor to ensure that he is not suffering from the coronavirus and if he is, he shall be sent to the nearest hospital designated by the State for treatment. If not, he shall be transported to his place of residence by the Jail authorities. C.C. as per rules.