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2023 DIGILAW 196 (MP)

Sanjay @ Rajkumar v. State of Madhya Pradesh

2023-02-01

ATUL SREEDHARAN

body2023
JUDGMENT Atul Sreedharan, J. - This is second bail application moved by the applicants under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.140/2022, registered at Police Station- Pahadgarh, District- Morena, for the offences punishable under Sections 307, 294, 147, 148, 149 of the IPC, Section 11/13 of the MPDVPK Act and Sections 25/27 of the Arms Act. 2. Applicants are in judicial custody since 24.09.2022 in the aforementioned case. First application having been dismissed as withdrawn with liberty granted to the applicants to file afresh after filing of the charge-sheet. The charge-sheet has now been filed as so stated by the learned counsel for the applicants. 3. The case of the prosecution is that the police has got a tip off that applicant No.1 was the member of a team of dacoits headed by Gudda dacoit and in order to investigate the police had gone there, the applicants are stated to have fired at the police personnel with country made fire arms and that the police had retaliated in counter fired. No injuries have been found at the police personnels. 4. Learned counsel for the State while opposing the application for grant of bail has submitted that the applicant No.1 Sanjay @ Rajkumar has three other cases beside the present case and another case of similar nature is of the year 2022 itself. 5. Learned counsel for the applicants submits that the applicants were arrested in this case and their names were included and their arrest shown in other case of the same date as their arrest were shown in this case. 6. Be that as it may, looking at the facts and circumstances of the case and the period of incarceration undergone by the applicants herein, the application is allowed and it is directed that the applicants shall be released on bail upon their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one surety in the like amount to the satisfaction of the learned trial Court. C.C. as per rules.