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Judgment
6 paragraphs · 391 wordsAnjuli Palo, J
This is second application under Section 439 of Cr.P.C. for grant of bail filed on behalf of applicant - Chotu Raja who has been arrested in connection with Crime No.01/2021 registered at Police Station- Nowgaon, District- Chhatarpur for commission of offences under Sections 147, 148, 149, 302 and 323 of the Indian Penal Code and Section 25/27 of the Arms Act. The applicant is in custody since 05.01.2021. The first application filed by the applicant was dismissed as withdrawn.
As per the prosecution case, on 02.01.2021 the applicant along with other co-accused persons entered into the house of Komal Singh and thereafter Virendra caused a fatal injury to him with a firearm.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. Though there is allegation against the applicant that he accompanied other accused persons yet he has not caused any injury to the deceased. The main accused is Virendra who caused fatal injury with a firearm. It is further contended that similarly placed co-accused person, namely, Hakku Raja has already been enlarged on bail by this court vide order dated 22.06.2021 passed in M.Cr.C. No.24222/2021. Hence, it is prayed that the applicant be released on bail.
Learned Panel Lawyer for the State has strongly opposed the bail application. Heard learned counsel for the parties and perused the record. There was a land dispute between the parties. The main allegation is against Virendra who caused fatal injury to the deceased with a firearm. The applicant was bare handed at the time of incident. No other injury was found by the doctor on the body of the deceased. Considering the facts and circumstances of the case as well as keeping in view the principle of parity and role attributed to the applicant, without commenting on the merits of the case, this application is allowed. It is directed that Applicant- Chotu Raja be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety, in the like amount to the satisfaction of the concerned trial Court for his appearance on the dates so fixed by that Court during trial. The applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C.
Accordingly, the application is allowed and disposed of.