High CourtsSingle Bench

Gaurav vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 18 February 2021 · Citation: (2021) 02 MP CK 0128

HON’BLE JUDGES
G.S. Ahluwalia, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 147, 148, 149, 294, 323, 324, 336, 427, 452, 506B
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.9208 Of 2021
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Judgment

15 paragraphs · 250 words

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 07.12.2020 in connection with Crime No.861/2020 registered at Police Station Porsa, District Morena for offence

under Sections 452, 323, 324, 294, 506B, 427, 336, 147, 148 and 149 of the IPC.

It is submitted by the counsel for the applicant that after rejection of the second bail application, all the injured witnesses have been examined on

10.02.2021 and they have not supported the prosecution case. Further, application for compromise has also been filed. The trial is likely to take

sufficiently long time. There is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is opposed by the counsel for the respondent/State.

Heard the learned counsel for the parties.

Considering the fact that injured witnesses have turned hostile, without commenting on the merits of the case, the application is allowed. On furnishing

a personal bond in the sum of Rs. 1,00,000/-(Rs. One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal

Court, the applicant be released on bail. The applicant shall appear before the trial Court on all the dates so fixed by the said Court.

This order shall remain in force, till conclusion of the trial, however, in case of bail jump, this order shall lose its effect.

Conditions as enumerated under Section 439 of Cr.P.C would be applicable.

Certified copy as per rule.