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2020 DIGILAW 874 (MP)

Shubham Kushwaha v. State Of Madhya Pradesh

2020-09-08

V.P.S.CHAUHAN

body2020
JUDGMENT Vishnu Pratap Singh Chauhan, J. - Heard on this first bail application under Section 439 of Cr.P.C. filed on behalf of the applicant. The applicant is in jail since 25.08.2020 in connection with Crime No.676/2020 registered at Police Station Ranjhi, District Jabalpur for commission of offence punishable under Sections 294, 323, 327, 331 and 506 read with Section 34 of the Indian Penal Code. 2. The case of prosecution against the applicant, in short, is that the applicant along with other co-accused stopped the way of the complainant and asked for money for consuming liquor. On refusal by the complainant, the applicant hurled filthy words and started beating the complainant. 3. Learned counsel appearing for the applicant submits that one of the coaccused has been enlarged on bail by the trial Court but trial Court on the basis of one criminal case registered against the present applicant did not enlarge the present applicant on bail. Therefore, it has been prayed to enlarge the applicant on bail. 4. Learned Panel Lawyer for the respondent/State, on the other hand, has vehemently opposed the application and prayed for its dismissal. 5. Heard learned counsel for the parties, on perusal of case diary and considering the present situation of widespread of Covid-19 virus, this Court is inclined to release the applicant on bail. 6. Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant-Subham Kushwaha, stands allowed. 7. It is directed that the applicant shall be released on bail on his 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. 8. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. 9. 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. 10. Certified copy as per rules.