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2023 DIGILAW 157 (MP)

Atul Thapak v. State of Madhya Pradesh

2023-01-30

DEEPAK KUMAR AGARWAL

body2023
JUDGMENT Deepak Kumar Agarwal, J. - This is Third bail application under Section 439 of Cr.P.C. filed by the applicant for grant of bail. Earlier applications have been dismissed as withdrawn by the Coordinate Bench (Hon'ble Shri Justice Anand Pathak) who has been transferred to main seat Jabalpur. 2. Applicant has been arrested on 27.2.2022 by police Station, Gormi, Distt. Bhind in connection with crime No.284/2019 for the offence punishable under Sections 307, 341, 34 of IPC and Sectiions 25/27 of the Arms Act. 3. Shrivas lodged a Dehati Nalishi at JAH Trauma Center, Gwalior, with Sub- Inspector Surjeet Singh alleging that in the morning at 8 am he had gone to village Gadi to the house of Jeetu Gurjar for taking money. Jeetu Gurjar told that at present he is not having money and he will give the same after some time. When he was returning, at about 8.30 am in front of house of Vidhiram, co-accused Kaushal Thapak, Atul Thapak (applicant), Ashish Thapak and Chhotu Thapak came on two motorcycles and surrounded him, due to which he stopped his bicycle. Kaushal Thapak previously fired on his son and case is going on. Due to previous enmity, Kaushal Thapak with 315 bore Katta with intention to kill fired on him which hit on his left knee. Atul Thapk also fired with 315 bore Katta with intention to kill him which hit on his right thigh. Blood started oozing out. Kaushal Thapak abused him with filthy language and threatened with dire consequences. Thereafter they fled away. On his Dehati Nalishi, offence under Section 307, 34 of IPC was registered. On the basis of Dehati Nalishi, FIR has been registered for the aforesaid offences. Firearm injury was found on the person of the injured. Applicant has been arrested 27.2.2022. After investigation, charge-sheet has been filed. 5. Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the case. He is in custody since 27.2.2022. Co-accused Kaushal Thapak has been released on bail by the Coordinate Bench vide order dated 27.4.2021 passed in M.Cr.C.No.8072/2021. Investigation has been complete and charge-sheet has been filed. He undertakes to cooperate in trial. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail. 6. Learned counsel for the State opposed the application and prayed for its rejection. 7. Both the Advocates are heard. Investigation has been complete and charge-sheet has been filed. He undertakes to cooperate in trial. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail. 6. Learned counsel for the State opposed the application and prayed for its rejection. 7. Both the Advocates are heard. Case diary perused. 8. Looking to the facts & circumstances of the case, without commenting upon merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash surety of Rs.25,000/- alongwith bail bond of Rs.25,000/-(Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail. 9. He will present during trial before the trial Court on each and every date. 10. In case of default, cash surety of Rs. 25,000/- shall stand forfeited automatically. 11. Application stands allowed and disposed of. 12.Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.