Anshuman Singh vs State Of Madhya Pradesh

Anjuli Palo, J

This is the first application filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail.

The applicant is in custody since 05.03.2020 in connection with Crime No.166/2020 registered at P.S. City Kotwali, District Satna for the offences punishable under Sections 394 & 379/34 of the IPC and Sections 25/27 of the Arms Act.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. The statements of the complainant and other witnesses have been recorded before the trial Court during trial, wherein they have turned hostile. The applicant is in custody since 05.03.2020 and trial would take considerable time to conclude. In view of the aforesaid, prayer is made to release the applicant on bail.

On the other hand, learned Panel Lawyer has opposed the prayer for grant of bail.

The applicant has filed statements of complainant Rakesh Kumar Gupta (PW-1) and other witnesses namely Satish Gupta (PW-2) & Virendra Pandey (PW-3), which were recorded by the trial Court. They have stated nothing against the applicant and have turned hostile.

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

It is directed that applicant - Anshuman Singh shall be released on bail o n 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.

It is made clear that if the applicant is found involved in similar offence in future, this order shall become ineffective.

With the aforesaid, the M.Cr.C. stands allowed and disposed of.