High CourtsSingle Bench

Sahadar vs State Of M.P

Madhya Pradesh High Court · Decided on 1 February 2021 · Citation: (2021) 02 MP CK 0004

HON’BLE JUDGES
J. P. Gupta, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 437(3), 439 · Indian Penal Code, 1860 — Section 294, 323, 326, 506
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.5257 Of 2021
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Judgment

15 paragraphs · 284 words

J. P. Gupta, J

This is first application filed by the applicant under section 439 of Cr.P.C. for grant of bail, who is in custody since 22.12.2020 in connection with

Crime No. 78/2020 registered at Police Station Barud, District Khargone for the offence punishable under sections 294, 323, 506 and 326 of IPC.

The allegation against the applicant is that he assaulted the victim and caused grievous injuries on his head and hand with axe.

It is submitted that applicant is innocent. He is in custody since 22.12.2020. Chargesheet has been filed. Conclusion of trial will take time. Applicant

has no criminal antecedents. The grievous injury was not caused on head, it was found on the hand. There is no likelihood of absconding of the

applicant or tampering with the witnesses, therefore, looking to the facts of the case custodial trial of the applicant is not warranted, hence the

applicant may be enlarged on bail.

Learned Panel Lawyer has opposed the application and prayed for rejection of the same.

Having considered the contentions of learned counsel for the parties, facts and circumstances of the case, without commenting anything on merits of

the case, in view of this Court, it is a fit case to grant bail. Hence, this application is allowed. Applicant is directed to be released on bail on his

furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand) with a solvent surety in the like amount to the satisfaction of the trial court

for his appearance before the trial court on the dates so fixed by that Court during trial.

It is directed that applicant shall comply with the provisions of Section 437(3) Cr.P.C..

Certified copy as per rules.