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Prahlad @ Baba Yadav vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 22 February 2023 · Citation: (2023) 02 MP CK 0063

HON’BLE JUDGES
Deepak Kumar Agarwal, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 148, 149, 302, 307, 395, 396 · Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 — Section 11, 13 · Arms Act, 1959 — Section 25, 27 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed/Disposed Of
CASE NUMBER
Miscellaneous Criminal Case No. 59582 Of 2023
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Judgment

11 paragraphs · 307 words

Deepak Kumar Agarwal, J

This is the first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail

The applicant was arrested on 05.09.2022 in connection with Crime No.162/2010 by Police Station- Seondha, District- Datia (MP) for the offence punishable under Sections 302, 307, 147,148, 149, 395, 396 of IPC and Sections 11/13 of MPDVPK Act and 25/27 of Arms Act.

It is submitted by learned counsel for the applicant that the applicant is an innocent and he has falsely been implicated in the offence. It is further submitted that eye-witness- Ramnaresh was examined as PW-24 on 17/07/2019 and RajendraSUBASRIMANI was examined as PW-12 on 07/10/2016. So far as eye-witness-Yogesh is concerned, he is deceased of the case. The applicant is in custody since 05.09.2022. Co-accused Puran Singh Yadav has been granted bail vide order dated 7.07.2022 passed in M.Cr.C.No.32648/2022. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.

Learned Public Prosecutor for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties at length and perused the record.

Looking to the aforesaid facts and circumstances of the case as well as period of custody of the applicant, without commenting upon the 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 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, she 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.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.