Brajesh Tiwari vs State Of M.P

Rajeev Kumar Dubey, J

In the absence of learned counsel for the parties, matter is considered on the basis of case diary.

This is first application filed under section 439 Cr.P.C. Applicant Brajesh Tiwari was arrested on 11.09.2018 in Crime No.79/2018 registered at Police

Station Khajuraho, District Chhatarpur for the offence punishable under Sections 307 / 34 of IPC and Section 25/27 of the Arms Act.

As per the prosecution case, on 22.03.2018 at around 4:30 pm when injured Amit @ Bahadur was going from village Akauna to Achnar on the way

applicant Brajesh Tiwari and co-accused Rammurti Tiwari, Lal Bhai Tiwari and Bazruddin @ Nazmuddin met him and due to old enmity at the behest

of co-accused Rammurti Tiwari, applicant Brajesh Tiwari fired at him from country made pistol due to which he sustained gun shot injury in his left

thigh.

The applicant has averred in his application that he is innocent and has falsely been implicated in this case. It is further averred that earlier in the FIR

lodged by the complainant Amit @ Bahadur it is mentioned that Bazruddin was also involved in the crime while complainant in his statement recorded

by the JMFC under section 164 of Cr.P.C. deposed that Bazruddin was not involved in the crime on the contrary he rescued him which clearly shows

that complainant falsely implicated the applicant and other co-accused person in the crime. Co-accused Rammurti Tiwari and Lala Bhai Tiwari have

been granted bail by this court vide order dated 10.05.2019 passed in M.Cr.C. No. 18014/2019. The applicant has been in custody since 11.09.2018

and the conclusion of trial will take time, hence prayed for release of the applicant on bail.

Though it is alleged that applicant fired at injured Amit @ Bahadur due to which he sustained gun shot injury in his left thigh but the applicant is in

custody since 11.09.2018 and the trial is still pending, without commenting on the merits of the case, the application is allowed and it is directed that the

applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/-(Rs. Fifty Thousand Only) with one surety in the like amount

to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the

trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the trial;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to

dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without prior permission of the trial Court.

C.C. on payment of usual charges.