Raman Bhadoriya @ Anshu vs State Of Madhya Pradesh

@JUDGEMENT- JUDGEMENT

Sunita Yadav, J

This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to Crime No.95 of 2024 registered at Police Station Dehat, District Bhind (M.P.) for the offence under Sections 294, 323, 336, 307, 34 of IPC.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. No role has been attributed on the applicant to fire gunshot at the time of incident. As per prosecution story, the applicant/accused assaulted the injured with kicks and fists. The MLC dated 04.03.2024 is contrary to the prosecution story about the nature of injuries. A cross case has also been registered on the report of the co-accused Mohit Yadav against the complainant party bearing Crime No.107 of 2024 in which co-accused Mohit Yadav has received gunshot injury. Further submission is that the applicant /accused is the permanent resident of District Bhind (M.P.). and there is no possibility of his absconsion or tampering with the prosecution evidence. Under these circumstances, the applicant /accused is entitled to get the benefit of bail.

Per contra, learned Public Prosecutor for respondent/State vehemently opposed the bail application and prayed for its dismissal.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent surety in the like amount to the satisfaction of the trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1) The applicant will comply with all the terms and conditions of the bond executed by him;

2) The applicant will cooperate in the investigation /trial, as the case may be;

3 ) The applicant will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant will not commit an offence similar to the offence for which he is accused;

5) The applicant will not seek unnecessary adjournments during the trial; and

6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.