Raju vs State Of Madhya Pradesh

Sanjay Dwivedi, J

This first application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.21/2022 registered at Police Station Ahmedpur, District Sehore, for the offence punishable under Sections 307, 308, 325, 294, 323, 506, 34, 120-B of the Indian Penal Code and 25/27 of the Arms Act.

Learned counsel for the applicant submits that the present applicant is in jail since 07.02.2022. He further submits in view of the injuries sustained by the victims, the nature of the fight took place so also the weapon used, no case of 307 and 308 is made out. Even otherwise, considering the custody period of the applicant i.e. w.e.f. 07.02.2022 he is entitled to be released on bail. He also submits that the present applicant has no past criminal antecedents. He further submits that the parties among which fight took place are the residents of same village and there is no previous enmity between them.

Shri Punit Shroti, Panel Lawyer appearing for the respondent/State on the other hand opposed the bail application and submitted that in view of the injuries sustained by the victim and also that fact that the custody period is not too much, the present applicant is not entitled to be released on bail.

Considering the facts and circumstances of the case, without commenting anything on the merits of the case, I am inclined to consider and allow this bail application. Accordingly, it is allowed.

It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.80,000/- (Rupees Eighty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.

It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

Certified copy as per rules.