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Mukesh Soni vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 3 February 2021 · Citation: (2021) 02 MP CK 0021

HON’BLE JUDGES
Vishnu Pratap Singh Chauhan, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 307, 427
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.5704 Of 2021
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Judgment

21 paragraphs · 359 words

Vishnu Pratap Singh Chauhan, J

Heard on this first post-arrest bail application filed by the applicant under Section 439 of Code of Criminal Procedure for grant of bail.

The applicant is in jail since 10.03.2020 in connection with Crime No.72/2020, registered at Police Station-Kotwali, District-Sagar for offence under

Sections 307 and 427 of IPC.

Allegation against the applicant, in short, is that, applicant inflicted injuries on the body of victim by means of some sharp object, due to which victim

received injuries on his head, neck, left eye and on some portion of ribs.

Learned counsel for the applicant submits that applicant has falsely been implicated in this case. It is further submitted by him that trial will take

considerable time for its disposal. In such circumstances, it is prayed that the applicant may be enlarged on bail.

On the other hand, learned Panel Lawyer for the respondent/State opposes the bail application and submits that applicant was very well involved in the

incident.

Heard learned counsel for the parties and perused the record. Considering the nature of injuries received by the victim and the fact that the applicant

is in judicial custody since 10.03.2020 and conclusion of trial will take considerable time, without commenting anything on the merits of the case, this

Court is inclined to allow this application and release the applicant on bail.

Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant stands allowed.

It is directed that applicant-Mukesh Soni shall be released on bail on Thousand Only) with one solvent surety in the like amount to the satisfaction of

the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section

437(3) of the Code of Criminal Procedure.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona

Virus, before and after releasing the applicant.

Certified copy as per rules.