Gajendra Puri @ Chhuttali vs State Of M.P

G.S. Ahluwalia, J

This is third Application filed under Section 439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 11.12.2017 in connection with Crime No.427/2017registered by Police Station Bamore, District Morena for

offence punishable under Sections 302, 364, 307, 147, 148, 149, 294 of IPC and under Section 25, 27 of the Arms Act.

It is submitted by the counsel for the applicant that all the three eyewitnesses have been examined and they have not supported the prosecution case

so far as the applicant is concerned. There is no admissible evidence against the applicant. The trial is likely to take sufficiently long time and there is

no possibility of his absconding or tampering with the prosecution case. This Court by order dated 19.1.2021 passed in M.Cr.C. No.1100/2021 has

granted bail to the co-accused Naresh Puri.

Per contra, the application is opposed by the counsel for the State. It is submitted by the counsel for the State that two persons were dragged out of

the bus and they were shot dead, however, it is fairly conceded by Shri Pachauri that there were only three eye-witnesses who have not supported the

prosecution case so far as the applicant is concerned. It is submitted that there is no recovery from the applicant.

Heard the learned counsel for the parties.

Considering the fact that three eye-witnesses have turned hostile as well as considering the facts and circumstances of the case and 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 only) 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.

This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.

Certified copy as per rule.