Neelesh Dhakad vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is first application under Section 439 of Cr.P.C. filed by the applicant for grant of bail who has been arrested on 08-05-2020 in connection with Crime No.76 of 2020 registered at Police Station Bajranjgarh, Guna for offence under Sections 302, 307, 452, 147, 148, 149, 294, 323, 325 of IPC.

It is submitted by learned counsel for the applicant after dismissal of first and second applications, the Hon'ble Supreme Court has granted bail to co-accused Amol Singh Dhakad vide order dated 27th March,2023 passed in Criminal Appeal No.939 of 2023 against whom allegation of assaulting lathi blow on the butt of one of injured persons in a case of cross-FIR. It is submitted by learned counsel for the applicant that the case of present applicant is identical to that of co-accused Amol Singh Dhakad as well as to that of co-accused Shri Lal Dhakad who have already been given benefit of bail by this Court. It is submitted that the applicant has been falsely implicated in the case and he is in custody since 08-05-2020. Charge sheet has been filed and there is no possibility of early conclusion of trial. Hence, prayed for grant of bail.

Learned counsel for the State opposed the application and prayed for its rejection.

Both the Advocates are heard. Case diary as well as charge sheet perused.

Considering the aforesaid facts and circumstances of the case, but without commenting upon merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes a bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail. He will present during trial before the trial Court on each and every date.

Application stands allowed and disposed of.

CC as per rules.