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Judgment
21 paragraphs · 392 wordsG.S. Ahluwalia, J
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 06.01.2022 in connection with Crime No.699/2021 registered at Police Station Gola Ka Mandir Distt. Gwalior for
offence under Sections 307, 34 of IPC.
It is submitted by the counsel for the applicant that according to the prosecution case, on 26.12.2021 complainant was going to the shop of Chawala
Chicken along with his friend to purchase the food. It is alleged that co-accused Himanshu Sharma on the question of old enmity fired at him causing
injury on the ankle of his left leg. The applicant and co-accused Sukhveer Kaurav were instigating that the complainant should be killed. It is submitted
that the applicant has been falsely implicated. In fact, a self-inflicted injury on his own ankle has been caused by the complainant. Even otherwise,
there is no allegation of firing against him. However, in view of the criminal antecedents, he is ready and willing to abide by any stringent condition,
which may be imposed by the Court.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant has a criminal history and seven more
criminal cases were registered against him including two under Section 307 of IPC.
Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. It is directed that the
applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the
satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
It is further directed that the applicant shall appear before the S.H.O. Police Station Gola Ka Mandir, District Gwalior on 1st of every month during
the pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall
lose its effect.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal
Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.