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2023 Supreme(MP) 472

DEEPAK KUMAR AGARWAL
Atul Thapak – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Sushil Goswami, Advocate, Anil Shukla, Advocate
Final Result : Allowed

JUDGMENT

Deepak Kumar Agarwal, J. - This is Third bail application under Section 439 of Cr.P.C. filed by the applicant for grant of bail. Earlier applications have been dismissed as withdrawn by the Coordinate Bench (Hon'ble Shri Justice Anand Pathak) who has been transferred to main seat Jabalpur.

2. Applicant has been arrested on 27.2.2022 by police Station, Gormi, Distt. Bhind in connection with crime No.284/2019 for the offence punishable under Sections 307, 341, 34 of IPC and Sectiions 25/27 of the Arms Act.

3. Shrivas lodged a Dehati Nalishi at JAH Trauma Center, Gwalior, with Sub- Inspector Surjeet Singh alleging that in the morning at 8 am he had gone to village Gadi to the house of Jeetu Gurjar for taking money. Jeetu Gurjar told that at present he is not having money and he will give the same after some time. When he was returning, at about 8.30 am in front of house of Vidhiram, co-accused Kaushal Thapak, Atul Thapak (applicant), Ashish Thapak and Chhotu Thapak came on two motorcycles and surrounded him, due to which he stopped his bicycle. Kaushal Thapak previously fired on his son and case is going on. Due to previous enmity, Kaushal Thapak with 315 bore Katta with intenti

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