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Judgment
11 paragraphs · 405 words@JUDGEMENTTAG-JUDGMENT
Prakash Chandra Gupta, J
Heard with the aid of case diary.
This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.550/2023 dated (not mentioned) registered at Police Station Thikri, District Barwani (M.P.) for commission of offence punishable under Sections 364, 365-A and 343 of IPC.
2 . Prosecution story in brief is that on 03.12.2023, at around 8.00 PM, present applicant Tersingh alongwith co-accused persons namely, Krishnarai, Arun and Anil kidnapped the injured Prakash for ransom and they captivated the injured for 3 to 4 days. The matter was reported on 04.12.2023.
Learned counsel for the applicant submits that the applicant/accused has not committed the offence and he has falsely been implicated in the case. No specific allegation has been levelled and only omnibus allegation has been levelled against the applicant. As alleged, no ransom amount has been received by the applicant or other co-accused persons. No specific ransom amount has been stated by the complainant and other witnesses. Applicant has no criminal past and he is in custody since 07.12.2023. After completion of investigation, charge-sheet has been filed. Trial will take sufficient long time for its disposal, therefore, it is prayed that present applicant/accused be released on bail.
4 . On the other hand, learned counsel for the non-applicant/State has objected the prayer and prayed for rejection of bail application.
Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting on the merits of the case, the application is allowed.
It is directed that applicant- Tersingh shall be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with one local surety in the like amount to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
With the aforesaid, this application is allowed and stands disposed of. Certified copy, as per Rules.