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Judgment
18 paragraphs · 367 wordsThis is first application filed under Section 439 of Cr.P.C. for grant of bail.
The applicant has been arrested on 10.05.2018 in connection with Crime No.124/2018 registered at Police Station Kotwali, District Datia for offence
punishable under Sections 302, 34, 212, 216 of IPC, 25, 27 of Arms Act and Section 11,13 of MPDVPK Act.
It is submitted by the counsel for the applicant that the only allegation against the applicant is that he gave shelter to the co-accused persons and
therefore, at the most offence under Sections 212 and 216 of IPC would be made out and both the offences are bailable. It is submitted by the counsel
for the applicant that there is nothing on record to suggest that the applicant was in any manner involved in commission of murder of Jaipal Yadav.
The applicant is ready and willing to abide by any condition which may be imposed by this Court and there is no possibility of his absconding or
tampering with the prosecution case. It is further submitted that this Court by order dated 25.05.2018 passed in M.Cr.C No. 18919/2018 has granted
bail to the co-accused Anil Singh Rajawat.
Per contra, it is submitted by the counsel for the State that the investigation is still pending. However, after going through the evidence which has been
collected so far, it is submitted by the counsel for the State that at present the only allegation against the applicant is of giving shelter to the co-accused
persons and the applicant has been made an accused for offence under Sections 212 and 216 of IPC.
Considering the facts and circumstances of the case, period of detention and without commenting on the merits of the case, the application is allowed.
It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.40,000/-(Rupees Forty Thousand Only) with one
solvent surety in the like amount to the satisfaction of the Trial Court/ Committal Court to appear before the Court on the dates given by the
concerned Court.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
