Atul Kumar Sharma vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

Heard on I.A.No.34088/2021, an application filed under Section 301(2) of Cr.P.C. for assisting the Public Prosecution.

Considered and allowed.

Shri Palendra Singh Dangi is permitted to assist the prosecution.

Case diary is perused.

This is the first bail application u/S.439 of Cr.P.C filed by the applicant for grant of bail.

The applicant was arrested on 01.12.2021 in connection with Crime No.954/2021 by Police Station City Kotwali, District Morena (MP) for the

offence punishable under Sections 307, 294/34 of IPC.

As per prosecution case, on 13.07.2021 at 10.15 A.M. when complainant Gaurav Sharma after dropping his wife was coming to his house near

Durgavatica, applicant/accused Atul met him in a motorcycle and in his motorcycle, accused Nitin Khemriya was sitting behind him, thereafter, one

unknown person covering his face was sitting, he could not identified that person. In another motorcycle accused/Rakesh Khemriya and one unknown

fellow covering his face was sitting. Applicant Atul was going in his motorcycle, with the intention to kill him accused Nitin Khemriya fired on him

with country made pistol, due to which, he was injured. Blood was oozing out. Accused Rakesh Khemriya and present applicant Atul Khemriya and

two others said that kill him. Anyway he escaped and reached his house and thereafter with the help of his relative, admitted in district hospital,

Morena, where he lodged dehatinalsi. On his dehatinalsi, Crime against Atul, present applicant and five others under Sections 307, 294/34 of IPC was

registered. He was medically examined. Multiple, small reddish punctured wound in left forearm was found. The applicant/accused was arrested on

01.12.2021. After investigation, charge-sheet has been filed.

Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the case. He is in custody since 01.12.021. Investigation

has been completed and charge-sheet has been filed. He undertakes to cooperate in trial and to abide by the conditions which may be imposed by this

Court. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the application and prayed for its rejection.

From the side of the complainant, it was argued that applicant and other accused are threatening the injured/complainant, therefore, his application

could not be heard.

Looking to the aforesaid facts and circumstances of the case and the custody period of the applicant, without commenting upon the 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 bail bond of

Rs.25,000/- (Rs. 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.

He will present during trial before the trial Court on each and every date.

Application stands allowed and disposed of.

Certified copy as per rules.