High CourtsSingle Bench

Ritesh@Golu And Others vs State Of M.P

Madhya Pradesh High Court · Decided on 22 July 2021 · Citation: (2021) 07 MP CK 0159

HON’BLE JUDGES
Vivek Rusia, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 34, 294, 307, 506 · Arms Act, 1959 — Section 25
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.35710, 35719 Of 2021
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Judgment

19 paragraphs · 333 words

Vivek Rusia, J

The M.Cr.C No.35719/2021 and M.Cr.C No.35710/2021 are repeat third bail applications filed by the applicant under Section 439, Cr.P.C. for grant

of bail in connection with Crime No.20/2021, Police-Station- Banganga, District- Indore for commission of the offence under Sections 307, 294, 506

and 34 of the Indian Penal Code and Section 25 of the Arms Act.

As per prosecution story, Jeetlal has lodged an FIR on 04.01.2021 that he was driving his auto rickshaw and returning from duty near Vijay Nagar

colony these two applicants came there and one of them inflicted an injury by knife. The entire incident was witnessed by two witnesses namely

Bharat Verma and Sonu.

Learned counsel for the applicants submits that the earlier bail applications of the applicants were dismissed as withdrawn by granting liberty to renew

prayer after recording the statement of the injured-Jeetlal. Now, the injured Jeetlal has been examined as PW-1 and he has failed to identify these two

applicants in DOCK identification. The Bharat Verma has also denied the involvement of these two applicants. Under these circumstances, learned

counsel for the applicants prays for grant of bail to the applicants.

Learned panel lawyer for the respondent/State has oppose the bail applications.

Considering the facts and circumstances of the case but without commenting on the merit of the case, the bail applications are allowed and they are

directed to be released on bail upon their furnishing personal bond in the sum of Rs.30,000/- (Rupees Thirty thousand only) each with surety in the like

amount to the satisfaction of the Trial Court for their appearance before that Court during the pendency of trial and shall also abide by the conditions

enumerated under section 437(3) Cr.P.C.

Before releasing the applicants from custody, the jail authorities are directed to medically examine them in order to rule out the possibility of COVID-

19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

Certified copy as per rules.