ORDER

This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.170/2023 dated 15.06.2023 registered at Police Station Orccha Road, District Chhatarpur for the offence punishable under Sections 294, 307, 34 of IPC and Section 25 & 27 of Arms Act.

Learned counsel for applicant has submitted that applicant is innocent and has been falsely implicated in the crime in question. The applicant is in custody since 13.09.2023 and trial will take considerable time to conclude. He further submits that applicant is permanent resident of district and there is no likelihood of his absconding from the clutches of law or tampering with prosecution evidence. He also submits that the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court. Upon these grounds, the applicant may be released on bail.

Learned counsel for the State has opposed the bail application and prayed for its rejection.

Heard learned counsel for the parties and perused the case-diary.

In this bail application it has been argued that the co-accused Boby Raja has been granted bail in M.Cr.C. No.46052/2023 and applicant has claimed the parity with that accused.

The bail order of co-accused Boby Raja suggests that he was not identified during TIP and was not even named in the FIR. The name of applicant is also not mentioned in the FIR, but he was correctly identified during TIP. The FIR suggests that two gun shots were fired by co-accused Rajeev of which one missed the target while the other caused injury to the complainant.

Counsel for the State has relied upon the statements of complainant recorded under Section 164 of Cr.P.C. in which he has claimed that gun shot was fired even by applicant but it missed and did not cause any injury. Thus there is material contradiction in two versions of the complainant. Again no empty cartridge was recovered from the place and according to statements of complainant recorded under Section 164 of Cr.P.C. the applicant did not collect the empty cartridge before fleeing away from the spot.

Having considered these facts, this bail application is allowed.

It is directed that the applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial.

It is further directed that the applicant shall comply with the provisions of Section 437(3) of Cr.P.C. Accordingly, this M.Cr.C. stands allowed and disposed of. (ANURADHA SHUKLA) JUDGE pnm