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Judgment
11 paragraphs · 395 wordsSubodh Abhyankar, J
They are heard and perused the case diary.
1 ] This is the applicant's second bail application under Section 439 of Cr.P.C. as he is implicated in connection with Crime No.90/2023 registered at Police Station- Bhawarkua, District-Indore (MP) for offence punishable under Sections 307, 294, 34 of the IPC and Section 25 of the Arms Act. The applicant is in custody since 30.1.2023.
Applicant's first bail application-M.Cr.C.No.16991/2023 was dismissed by this Court with liberty to renew the prayer after the injured/complainant is examined in the trial court vide its order dated 28.4.2023.
2 ] The allegation against the applicant is that he was also involved in the aforesaid offence.
3] Counsel for the applicant has submitted that the injured Lokesh has been examined in the court and has not supported the case of prosecution.So far as the injures are concerned, they are not serious in nature. It is further submitted that the applicant is in jail since 28.4.2023 and the final conclusion of the trial is likely to take a long time.Thus, it is prayed that the application be allowed.
4] Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that four more cases have been registered against the applicant, but the same are minor in nature.
5] On due consideration of the rival submissions and on perusal of the case diary, considering the documents filed on record, including the statements of the injured witness, who has not supported the case of the prosecution as also looking to the period of incarceration, this Court finds it expedient to allow the present bail application. Accordingly, without reflecting anything on the merits of the case, the application filed under Section 439 of Cr.P.C. on behalf of the applicant is hereby allowed.
6 ] The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
The Misc. Criminal Case stands allowed.
Certified copy, as per rules.