AI Structured Summary
Not yet generated for this judgment
Judgment
Anjuli Palo, J
This is first application under section 439 of the Code of Criminal
Procedure on behalf of the applicants who have been arrested in connection with Crime No.209/2020 registered at Police Station Tala, District Satna
for offences under sections 323, 324/34, 326, 308 of I.P.C. for having caused injuries to Ramvishwas on the intervening night of 07.10.2020 and
08.10.2020.
Learned counsel for the applicants submitted that applicants are innocent and have been falsely implicated in the crime in question. He further
submitted that applicants are in custody since 11.11.2020. There is no previous animosity between the parties. Due to Covid-19 pandemic era the trial
would take considerable time. Therefore, prayer has been made to release the applicants on bail.
Learned Panel Lawyer for the respondent/State has opposed the prayer for bail.
Considering the facts and circumstances of the case, taking into account that incident occurred without any motive and there is no previous animosity
between the parties and without commenting on merits of the case, the application is allowed. It is directed that applicants-Ramnivas Yadav and
Ramashray @ Bhole Yadav be released on bail on their furnishing bail bond of Rs.40,000/- [Rupees Forty Thousand only] each with solvent surety
each in the like amount to the satisfaction of the trial Court for their appearance before the trial Court on the dates so fixed by the said Court during
trial.
It is made clear that the applicants shall comply with the provisions of section 437(3) of Cr.P.C. during trial.
Accordingly, M.Cr.C. is allowed.
