Kamlu And Others vs State Of Madhya Pradesh

Anjuli Palo, J

At the outset, learned counsel for the applicants prays for withdrawal of the application so far as it relates to applicant No. 1 Kamlu.

Prayer is allowed.

Application of applicant No. 1 Kamlu is dismissed as withdrawn.

Application of applicant No. 2 Dharmendra and applicant No. 3 Kallu @ Kalicharan is taken up.

This is the first application filed by applicant No. 2 Dharmendra and applicant No. 3 Kallu @ Kalicharan under Section 439 of the Cr.P.C. seeking regular bail. They are in custody since 25.1.2021 in connection with Crime No.19/2021 registered at P.S. Maharajpur, District Chhatarpur for the offences punishable under Sections 341, 294, 506, 307, 34 of the IPC and Section 25/27 of the Arms Act.

Learned counsel for the applicants submits that applicant No. 2 Dharmendra and applicant No. 3 Kallu @ Kalicharan have been falsely implicated in the case. As per prosecution's case, applicant No. 2 Dharmendra and applicant No. 3 Kallu @ Kalicharan were armed with lathi whereas the complainant sustained only one gun shot injury caused by co-accused Lakshmiram Patel. No other injury has been found by the Doctor on the person of the complainant. It is further submitted that similarly placed co-accused Ramcharan has already been released on bail by this Court vide order dated 4.3.2021 passed in M.Cr.C. No. 11051/2021 and case of applicant No. 2 Dharmendra and applicant No. 3 Kallu @ Kalicharan is similar to him. It is further submitted that applicant No. 2 Dharmendra and applicant No. 3 Kallu @ Kalicharan are in custody and trial would take considerable time to conclude, therefore, they may be released on bail.

Learned Panel Lawyer has opposed the application.

Considering the overall facts and circumstances of the case, role attributed to applicant No. 2 Dharmendra and applicant No. 3 Kallu @ Kalicharan and also that similarly placed co-accused has been released on bail, I deem it appropriate to release applicant No. 2 Dharmendra and applicant No. 3 Kallu @ Kalicharan on bail, therefore, without commenting on the merits of the case, their application is allowed.

It is directed that applicant No. 2 Dharmendra and applicant No. 3 Kallu @ Kalicharan shall be released on bail on their furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one surety in the like amount to the satisfaction of the trial Court concerned for their appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.

It is further directed that applicant No. 2 Dharmendra and applicant No. 3 Kallu @ Kalicharan shall comply with the provisions of Section 437(3) of the Cr.P.C.

The jail authorities shall have applicant No. 2 Dharmendra and applicant No. 3 Kallu @ Kalicharan checked by the jail doctor to ensure that they are not suffering from the Corona virus and if they are, they shall be sent to the nearest hospital designated by the State for treatment. If not, they shall be transported to their place of residence by the jail authorities.

Disposed of accordingly.