The lack of identification of the accused by the complainant and injured party, along with other facts and circumstances of the case, can be considered in granting bail.

JUDGMENT

Satyendra Kumar Singh, J. - This is the first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 18.01.2021 in connection with Crime No.45/2021, registered at Police Station Bhanpura District Mandsaur (M.P.) for commission of offence punishable under Section(s) 307 r/W 34 of IPC & 25/27 of arms act.

Prosecution story, in brief, is that on 11.02.2021, at about 4:00 a.m, when complainant Poonamchand alongwith few other villagers were walking around the village, he saw applicant alongwith other co-accused persons in suspicious condition. When he tried to stop them, one of the co-accused Mukesh fired gun shots on the complainant and other villages due to which Pankaj sustained pellet injury on his leg. accordingly, case has been registered against the present applicant alongwith other co-accused persons.

Learned counsel for the applicant submits that applicant has not committed any offence. Statements of complainant Poonamchand as well as injured Pankaj and other prosecution witnesses have been recorded and none of them have identified the applicant. He has been implicated in the matter only on the basis of memorandum statement of co-accused Nathulal who was caught on the spot at the time of incident. Co-accysed Dheerap has been enlarged on bail by this Court vide order dated 24.02.2022 passed in MCRC No.9781/2022. Thus, he has been falsely implicated in the matter. Investigation is complete and chargsheet has been filed.

applicant is in custody since 18.01.2021. Trial will take time for its conclusion.

Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State opposes the application supporting the order impugned.

Having considered the rival submissions, material produced on record and also considering the fact that complainant as well as injured Pankaj has not identified the applicant, so also other facts and circumstances of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand Only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail authority is directed to follow the directions/ guidelines issued by the Government with regard to COVID-19 before releasing the applicant.

This M.Cr.C. stands allowed and disposed of.

C. C. as per rules.