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Judgment
16 paragraphs · 283 wordsJ. P. Gupta, J
This is first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail, who is in custody since 24.04.2020 in connection
with Crime No.124/2020 registered at Police Station Mandideep, District Raisen for the offence punishable under Section 307/34 of the IPC.
Allegation against the applicant is that with a view to kill the victim, he assaulted with knife and caused injury on his stomach.
It is submitted that the applicant is innocent. He is in custody since 24.4.2020. Charge sheet has been filed. Trial will take time. The applicant has no
criminal antecedent. From the prosecution story, it appears that incident was taken place on account of quarrel with regard to money transaction.
There is no likelihood of his absconding and tempering with the material witnesses. His further custody is not warranted. Hence, he be enlarged on
bail.
Learned P.L. opposed the application and prayed for rejection of the same.
Having considered the contentions of learned counsel for the parties and looking to the facts and circumstances of the case, further custody of the
applicant is not warranted, without commenting anything on the merits of the case, in view of this court, it is a fit case to grant bail. Hence, this
application is allowed.
Applicant Jitendra is directed to be released on bail on furnishing personal bond in a sum of Rs.40,000/- with a solvent surety in the like amount to the
satisfaction of the trial court for his appearance before the trial Court on the dates so fixed by that Court during trial. It is directed that applicant shall
comply the provisions of Section 437(3) Cr.P.C.
Certified copy as per rules.