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Judgment
26 paragraphs · 452 wordsDeepak Kumar Agarwal, J
This is the first bail application u/S. 439 of Cr.P.C. filed by the applicant for grant of bail.
The applicant was arrested on 28.12.2021 in connection with Crime No.676/2021 by Police Station Dehat, District Bhind(M.P.) for the offence
punishable under Sections 394 of IPC and Section 11/13 of MPDVPK Act.
In brief, the prosecution case is that on 23.11.2021 at 11.20 P.M., complainant Pradeep Sharma in injured position has lodged a dehatinalsi at Trama
Centre, District Hospital, Bhind that he was working as a security guard in front of 17 battalian, Itarsi Road, Bhind in Shiva Motors. He goes at 10
A.M. and leave there at 7 P.M. On 23.11.2021, at 7 P.M. after completed his job, he was going to his house having one licenced gun
No.MP/BHD/D/2/325/2004B NP Bore No.8320/315 by his own bicycle, when he reached Housing Board colony, one unknown person assaulted on
his head with a stick. Due to which, he fell down. He saw that in two motor cycles four persons came over there. They covered their face with
clothes. Out of which one snatched his licenced gun and ran away. He dialed 100 number and lodged a report. On his report, offence under Sections
11/13 of MPDVPK Act and under Sections 394 of IPC was registered. Thereafter, F.I.R.was lodged against unknown persons. He was sent for
medical e x a min a t io n . During investigation from possession of the present applicant/accused Rs.3000/- and three live cartridges were seized.
Applicant was arrested on 28.12.2021.
After investigation, charge-sheet has been filed.
Learned counsel for the applicant submits applicant has been falsely implicated in the present case. He is in custody since 28.12.2021. The applicant is
ready to abide by all the terms and conditions as may be imposed by this Court.
Under these circumstances, he prays for grant of bail to the applicant.
Learned counsel for the State vehemently opposed the application and prays for its rejection.
Heard learned counsel for the rival parties at length and perused the case diary.
Looking to the facts and circumstances of the case, 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, he 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.