Pawan @ Bablu vs State Of M.P

Subodh Abhyankar, J

This is the applicant's third bail application under Section 439 Cr.P.C. for the offence punishable under Sections 302,506,323,294, 307, 34 of IPC

registered with Police Station Rajod, District Dhar in Crime no.264/2019.

Earlier applications of the applicant were dismissed as withdrawn vide orders dated 5.2.2020 & 6.7.2020 passed in MCRC.Nos.3824/2020 and

17571/2020.

Counsel for the applicant has submitted that the applicant has been falsely implicated in the present case wherein he said to have inflicted injury with

the aid of a sword. He has further submitted that the post mortem report clearly reveals that the injured had suffered only one injury on his head which

is attributable to co-accused Gendalal.

Counsel for the applicant has further submitted that the final conclusion of the trial is likely to take sufficiently long time on account of Covid 19

situation and no purpose would be served to keep the applicant in jail. The applicant is in jail since 1.12.2019, therefore, it is submitted that the present

application be allowed and the applicant be released on bail.

Counsel for the respondent State on the other hand has opposed the prayer and it is submitted that the applicant's earlier two bail application have

been dismissed as withdrawn and the present application be also dismissed on merits as the applicant has also been witnessed by the son of the

deceased. However, it is not denied that in the post mortem only one injury on the head is mentioned and that two injuries is on head which is

attributable to the co-accused Gendalal.

Having considered the rival submissions, on perusal of the case diary, the fact that the applicant is in jail since 1.12.2019 and the main allegations are

against the co-accused Gendalal, therefore, the present application stands allowed.

The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in

the like amount to the satisfaction of the Trial Court for his appearance as and when directed.

The applicant will attend each hearing of his trial before the Trial Court out of which this bail arises. Any default in attendance in Court would result in

cancellation of the bail granted by this Court.

It is also directed that the applicant will abide by all the conditions enumerated under Section 437(3) of the Cr.P.C.

Certified copy as per rules.