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2022 DIGILAW 485 (MP)

Karan v. State of Madhya Pradesh

2022-03-25

RAJENDRA KUMAR VERMA

body2022
JUDGMENT Rajendra Kumar Verma, J. - This is first application under section 439 of CrPC for grant of bail on behalf of applicant who is in custody since 14.09.2021 in connection with Crime No.257/2021, registered at Police Station Tirla, District Dhar for the offence punishable under Sections 294,323,506,34,302 of IPC. as per prosecution case, the complainant lodged a report alleging that on 12.09.2021 that in the night there were few people loitering around the Hanuman Temple. Thereafter, the Pujari of the temple started inquiring from them, on which they started abusing him dealt him blows by means of stick and bricks on his head and caused injury on his wrist by stick. Thereafter, he was taken to hospital where he succumbed to injuries. accordingly case has been registered against the applicant. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He has been implicated on the basis of one Rahul Bhagwat who identified him, but in the examination before the trial Court he turned hostile and has not supported the case of the prosecution. There is no legal evidence against the applicant to implicate him in the aforesaid crime. The applicant is in custody since 14.09.2021 and the conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail. Learned Government advocate has opposed the application and prayed for its rejection. Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed. It is directed that the applicant/accused 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 securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C. In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C. In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant. This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench. Certified Copy as per rules.