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Judgment
20 paragraphs · 325 wordsSanjay Dwivedi, J
This second bail application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail, who is
behind the bars since 18.11.2021 in connection with Crime No.943/2021 registered at Police Station Kotwali, District Sehore (M.P.) for the offence
punishable under Sections 452, 327, 324, 427, 294, 506, 307, 34 of IPC.
First bail application filed on behalf of the applicant was dismissed as withdrawn on 22.12.2021 with liberty to move afresh after a period of three
months.
Learned counsel for the applicant submits that after dismissal of the earlier application of the applicant, other accused persons have already been
granted bail and he has filed copy of order dated 28.01.2022 passed in M.Cr.C.No.1063/2022 whereby co-accused Pankaj Rathore has been granted
bail.
Per contra, learned Panel Lawyer appearing for the State opposes the application and submits that when the liberty was granted for a specified period,
which has yet not ceased, the application of the applicant cannot be entertained being premature.
In retaliation, Shri Patel imploringly submits that since other accused persons have already been enlarged on bail and the injuries caused to the
complainant were found simple in nature and even no fracture was diagnosed, therefore, looking to the aforesaid facts including the period of custody,
the applicant's application may be allowed.
Considering the overall facts and circumstances, I am inclined to grant bail to the applicant. Therefore, without commenting anything on the merits of
the case, the bail application of the applicant is allowed.
It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent
surety of the like amount to the satisfaction of the trial Court.
I t is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
Certified copy as per rules.