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2023 Supreme(MP) 475

SUBODH ABHYANKAR
Bhayyu @ Surila @ Ahsan – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Himanshu Bhargava, Advocate, Ajay Raj Gupta, Advocate
Final Result : Allowed

JUDGMENT

Subodh Abhyankar, J. - They are heard. Perused the case diary / challan papers.

2. This is the applicant's FIRST application under Section 439 of Criminal Procedure Code, 1973, as he / she is arrested in connection with Crime No.112/2022 registered at Police Station-Tarana, District-Ujjain (MP) for offence punishable under Sections 307, 341, 294, 323, 427, 506, 201, 34 of the IPC and under Section 25 of the Arms Act. The applicant is in custody since 25.05.2022.

3. The allegation against the applicant is that he was also involved in the aforesaid offence in which three other accused persons are also involved.

4. Counsel for the applicant has submitted that the other accused persons Arif Shah and Shahrukh Shah have already been granted bail by this Court in M.Cr.C. Nos. 21710/2022 and 43203/2022 dated 5.5.2022 and 8.9.2022 respectively. Counsel has submitted that the complainants have already turned hostile in the court. So far as the present applicant is concerned, even no recovery has been effected from him. It is further submitted that the applicant is lodged in jail since 25.5.2022 and the final conclusion of the trial is likely to take a long time. Thus, it is submitted th

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