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Madhya Pradesh High Court · body

2022 DIGILAW 216 (MP)

Anuj Soni v. State of Madhya Pradesh

2022-02-07

VIVEK AGARWAL

body2022
JUDGMENT Vivek agarwal, J. - This is first application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicant, who is in custody since 9.12.2021 in connection with Crime No.502/2021 registered at Police Station Sanjivani Nagar, District Jabalpur for the offence punishable under Sections 307, 341, 506, 34 of the Indian Penal Code 1860 (for brevity "I.P.C") and Section 25/27 of the arms act. Learned counsel for the applicant submits that applicant is innocent. He has been falsely implicated in this case. applicant's name is not mentioned in the F.I.R. He has been made an accused on the basis of memorandum of co-accused Faijan, who has been enlarge on bail. He is in custody since 9.12.2021 but no Test Identification Parade is carried out. Hence, prayer is made to enlarge the applicant on bail. Learned Panel Lawyer for the non-applicant/State opposes the application but, however, she admits that there are no documents of Test Identification Parade in her case diary and there is no report to show that the injury was grievous in nature. After hearing counsel for the parties and considering other facts & circumstances of the case and keeping in view the fact that the applicant has been made an accused on the basis of the memorandum of co-accused, he is in custody since 9.12.2021 but no Test Identification Parade has been carried out so also on the ground of parity, this Court is of the considered opinion that it is a fit case for grant of bail to the applicant. Hence, without commenting anything on merits of the matter, this application is allowed. It is directed that applicant anuj Soni S/o.Sudhir Soni shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount each to the satisfaction of the Trial Court to appear before the Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr. P. C. This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr. P. C. This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective. In view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the 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. Certified copy as per rules.