Shubham Gujar vs State Of Madhya Pradesh

Anjuli Palo, J

This is first application under section 439 of Cr.P.C. for grant of regular bail on behalf of the applicant who has been arrested in connection with Crime No.168/2020 registered at Police Station, Palohabada, District Narsinghpur for offences under sections 302, 147, 149, 342, 294, 323, 506 of the Indian Penal Code.

As per prosecution case on 09.12.2020 nine accused persons including the applicant assaulted Neeraj Gujar, Pawan Gujar and Ankit Gujar and gave fist blows. When Komal Singh came to intervene, the co-accused Golu had given fist blow on his nose as a result of which he became unconscious and subsequently died.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the crime in question. The applicant is in custody since 10.12.2020. The applicant is not the main accused, who had given fatal blows to the deceased. The co-accused Rajendra has been granted regular bail by this Court vide order dated 08.3.2021 passed in M.Cr.C.No.2046/ 2021. Therefore, applicant be released on regular bail.

Learned Panel Lawyer has opposed the prayer for bail.

Considering the facts and circumstances of the case, role attributed to the applicant, the period of custody, the co-accused person has been released on bail and that the applicant is not the main accused, without commenting on merits of the case, the application is allowed.

It is directed that applicant-Shubham Gujar be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court for his appearance on the dates so fixed by that Court during trial. The applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C

Accordingly, the application is allowed and disposed of.