Shiva @ Laali vs State Of Madhya Pradesh

Deepak 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 15.12.2021 in connection with Crime No.983/2021 by Police Station Ambah, District Morena(M.P.) for the offence

punishable under Sections 307, 34, 120-B of IPC & 25, 27 of Arms Act.

In brief case of the prosecution is that due to previous enmity regarding sale and purchase of property when on 08.12.2021 at 5 P.M, complainant

Manoj Tyagi, the property broker, was going by motorcycle, when he reached in front of Amar Studio, one person covered his face with mask pulled

down his motor cycle. Due to which he fell down. Soon after on one motor cycle, accused Jeeetu Sharma. Pilli @ Durgesh and one another person

came over there within a intention to kill fired on him. One bullet hit his right knee and another bullet was touching his chest and passed away. Blood

was oozing out. On seeing the incident, people assembled there. Due to which the accused persons ran away. He was rushed to Govt. Hospital,

Ambah, where he lodged Dehatinalisi against Jeeetu Sharma. Pilli @Durgesh and two other unknown persons. Thereafter offence under Sections

307, 34, 120-B of IPC & 25, 27 of Arms Act bearing Crime No.983/2021 was registered. He was sent for medical examination. Lacerated wound

and abrasion was found on his body. Statement of complainant and other witnesses were taken. On the statement of accused Jeeetu Sharma, Pilli @

Durgesh, applicant was implicated as an accused.

Statement of Accused Shiva @ Lalli, present applicant was recorded. In his statement applicant/accused admitted his crime. He was arrested on

15.12.2021. Except this, there is no evidence till today against the present applicant/accused.

Learned counsel for the applicant submitted that applicant is innocent.

He has been falsely implicated in the case. He is in custody since 15.12.2021. He is ready to abide all the terms and conditions which may be imposed

by this Court. Therefore, prayed for grant of bail.

Learned State counsel has vehemently opposed the bail application and prays for its rejection.

Looking to the facts and circumstances of this 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/- (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.

Certified copy as per rules.