Manohar S/O Sidhdu Gurjar vs State Of M.P

Vivek Rusia, J

This is repeat third bail application under Section 439, Cr.P.C. for grant of bail in connection with Crime No.664/2019, Police-Station-Chimanganj Mandi, District-Ujjain for commission of the offence under Sections 307 and 34 of the I.P.C. The applicant is in custody since 14.08.2019.

As per prosecution story, the applicant along with his son and four others came and caused the gun shot injury to the complainant. There is a previous enmity between the parties and as many as three cases have been registered against the son of the present applicant in respect of same enmity. The applicant is also having a strong criminal history. The injured Rahul has already made complaint to the Inspector General of Police against present applicant for threat of life.

Earlier two bail application of the applicant were dismissed as withdrawn vide order dated 04.12.2019 passed in M.Cr.C. No.46053/2019 and order dated 24.04.2021 passed in M.Cr.C. No.17860/2021 with liberty to renew prayer after examination of the injured-Rahul.

Now the injured-Rahul has been examined on 27.07.2021 and in para 3 of the deposition he has stated that the applicant and co-accused Ronak came on motor cycle and Ronak fired three gun shots out of which one hit on his back. He has shown the injuries in the Court during the deposition.

Learned counsel for the applicant submits that except gun shot injuries there is no other injuries and that too said to have been caused by Ronak as per P.W.-1 hence the applicant is entitled for grant of bail. Although he has also referred to other parts of the deposition but para 3 is relevant for considering this bail application.

Learned panel lawyer for the respondent/state opposes the bail application.

Considering the facts and circumstances of the case, without commenting on the merit of the case, the bail application is hereby allowed. The applicant-Manohar is directed to be released on bail on his furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during the trial with a condition that he shall remain present before the court concerned during the trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

Before releasing the applicant from custody, the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ PetitionNo.1/2020.

Certified copy as per rules.