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Judgment
8 paragraphs · 285 wordsVivek Rusia, J
(1) This is the first application under Section 439 of Code of Criminal Procedure, 1973 for grant of bail filed by the applicant-Shvidas Panwar who is in custody since 23.05.2022 in connection with Crime No.424/2020 registered at Police Station Annapurna, District Indore, for the offence punishable under Section 302, 294/34 I.P.C.
(2) As per prosecution story, on 20.11.2020, Ramdas slept the minor girl of Prakash. On next day, Prakash went to the place of Ramdas to talk about the incident. Ramdas abused him, thereafter Shivdas and Deepak came there and they assaulted him by means of stick. Ramdas assaulted him by means of knife.
During the treatment the deceased Prakash died.
(4) Learned counsel for the applicant submits that the dispute has started between the Ramdas and Prakash (deceased) and Shivdas and Deepak (father and son) later on joined. Allegation against applicant is that he assaulted by means of stick All the eye-witnesses have been examined in this case and there are omissions and contradictions. Hence, present applicant may be enlarged on bail.
(5) Learned Government Advocate opposes the application and prays for its rejection.
(6) Considering the aforesaid facts and circumstances of the case and role attributed to the present applicant but without commenting on the merits of the case, the application is allowed and applicant-Shvidas Panwar is directed to be released on bail upon his furnishing 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 learned trial Court for his appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
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