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Judgment
7 paragraphs · 283 words@JUDGMENT-JUDGMENT
Prashant Kumar Mishra, J
Heard.
The applicant has preferred this application filed under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.304/2019 registered in Police Station D.D. Nagar Raipur (C.G.) for the offences punishable under Sections 307, 34 of the IPC and Sections 25, 27 of the Arms Act.
As per the prosecution case, applicant with co- accused MCRC No. 918 of 2020 Mahant Pathak @ Bulthu Pathak (now deceased) were moving on a motor cycle whereas the injured Shivendra Pratap Singh and his father namely; Dharmendra Singh were traveling in a car. On a dispute arising out of not putting on the dipper light of the car, a quarrel started amongst them in which the present accused inflicted stab injury to Shivendra Pratap Singh; soon thereafter, injured's father - Dharmendra Singh fired upon Mahant Pathak @ Bulthu Pathak (now deceased) to commit his murder.
Learned counsel for the State would oppose the prayer.
Considering the entire fact situation of the case particularly the whole incident wherein both the parties have attacked each other as also for the reason that the applicant is in jail since 03.10.2019 and the trial may be delayed due to unprecedented Covid-19 pandemic, this Court is inclined to release him on bail. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of ₹ 50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.