Abhishek @ Lucky Yadav vs State Of Madhya Pradesh

Anuradha Shukla, J

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.619/2022 dated 22.10.2022 registered at Police Station Nawgaon, District Chhatarpur for the offences under Sections 323, 294, 506, 34 and 302 of IPC.

Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in the case. T he applicant is in custody since 30.12.2022. Trial will take considerable time to conclude. The applicant is ready to furnish adequate surety and shall abide by the conditions to be imposed by the Court. On these grounds, the applicant may be released on bail.

Learned Panel Lawyer for the respondent/State has opposed the bail application.

Heard learned counsel for the parties and perused the case diary.

The present application is argued on the basis that co-accused Veeru @ Vivek Yadav has already been released on bail vide order dated 12.06.2023 passed in M.Cr.C. No.8440 of 2023.

Case diary discloses that not a single injury was caused to deceased Upendra Yadav by the present applicant. He caused injuries only to Gopal Yadav and Rajni Yadav. Only simple injuries were caused to these injured persons.

Considering the overall facts and circumstances of the case, I find it to be a fit case to release the applicant on bail, therefore, without commenting on the merit of the case, the application is allowed.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.

It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

Accordingly, this M.Cr.C. stands allowed and disposed of.