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Judgment
12 paragraphs · 379 wordsDeepak Kumar Agarwal, J
This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
The applicant has been arrested on 19.04.2023 in connection with Crime No.1213/2022 registered at Police Station- City Kotwali, District- Morena (M.P.) for offence under Sections 307, 294, 506 and 34 of IPC.
Prosecution case, in short, is that on 05.11.2022 at about 9.30 pm complainant lodged an FIR against present applicant-accused and co-accused that due to previous enmity, they abused him. When complainant objected, applicant with the intention to kill, took out a gun and fired on complainant's father which hit on his legs and blood started oozing out. Thereafter, co-accused Ravi fired a shot in the air and threatened them with dire consequences. He was medically examined, in which gun shot injury was found. On his report, Crime No.1213/2022 at Police Station- City Kotwali, District- Morena for offence under Sections 307, 294, 506 and 34 of IPC was registered against present applicant and co-accused.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the case. He is in custody since 19.04.2023. It is further submitted that compromise has taken place between the parties. Applicant undertakes to cooperate in the investigation/trial. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made out.
Learned counsel for the State and counsel for the complainant submitted that complainant has no objection if bail granted to the applicant.
Looking to the facts & circumstances of the case, without commenting upon 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 cash surety of Rs.25,000/- alongwith bail bond of Rs.25,000/-(Rupees twenty five thousand only) 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.
In case of default, cash surety of Rs. 25,000/- shall stand forfeited automatically.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.