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Judgment
8 paragraphs · 342 wordsVivek Agarwal, J
This is first bail application filed on behalf of applicant/Harilal Markaam under Section 439 of CrPC in connection with Crime No.12/2022 under Sections 376, 506 of IPC registered at police station Roopjhar, District Balaghat (M.P) and applicant is in custody since 18/02/2022.
Learned counsel for the applicant submits that applicant has been falsely implicated. Complainant is Asha Karyakarta. She is aged about 24 years. It is submitted that present applicant is related to the complainant. She already knew the applicant and out of some old dispute, she has falsely implicated present applicant. FIR was lodged on 16/02/2022. Incident allegedly took place on 09/02/2022. There is delay of 7 days in lodging FIR. MLC does not support the prosecution story. After 7 days there is no material which will support the prosecution case. Applicant is innocent. He is 50 years old. He has no criminal history. Trial will take time to conclude. On aforesaid grounds prayer is made to enlarge present applicant on bail.
Learned G.A for the State opposes the prayer made by learned counsel for the applicant.
Taking into consideration submissions of learned counsel for the parties and the fact that there is delay of 7 days in lodging FIR, applicant has no criminal history and applicant is in custody since 18/02/2022. Hence without commenting anything on merits of the case, this bail application is allowed. It is directed that applicant Harilal Markaam be released on bail on his furnishing a personal bond to the tune of Rs.50,000/- with two solvent sureties in the like amount to the satisfaction of the learned Trial Court. It is further directed that the applicants shall comply with the provisions of Section 437(3) of the Cr.P.C.
In view of the outbreak of new mutant Omicron of Covid-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
In above term, this bail application is disposed of.
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