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2024 Supreme(Online)(MP) 4646

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VISHAL DHAGAT

ON THE 16th OF MAY, 2024

MISC. CRIMINAL CASE No. 14509 of 2024

BETWEEN:-

SANJU @ MUKESH Y

ADA

V S/O LAXMAN SINGH Y

ADA

V

,

AGED ABOUT 31 YEARS, OCCUPATION: WORKING IN

TEMPLE R/O 32 NAY

APURA GUFA MANDIR ROAD

LALGHATI BHOPAL DISTRICT BHOPAL (MADHY

A

PRADESH)

.....APPLICANT

(BY SHRI NEELAM KUMAR SHAH - ADVOCATE)

AND

THE STATE OF MADHY

A PRADESH THROUGH POLICE

STATION KOHEFIZA DISTRICT BHOPAL (MADHY

A

PRADESH)

.....RESPONDENT

(SHRI D.K. PAROUHA - GOVERNMENT ADVOCATE FOR THE STATE AND

SHRI MANOJ CHATURVEDI - ADVOCATE FOR OBJECTOR)

This application coming on for admission this day, the court passed the

following:

Advocates:
Ankit Saxena,Advocate General

ORDER

This is first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail who is in custody since 18.03.2024 relating to FIR No.137/2024 registered at Police Station Kohefiza District Bhopal (M.P.) for the offences under Sections 294, 307, 34 of the IPC.

2. Learned counsel appearing for the applicant submitted that applicant was not armed with any dangerous weapon. They were armed with lathi. Simple injury has been caused to the victim. He is in custody since 18.03.2024. Investigation is complete and charge sheet has been filed.

3. Learned Government Advocate appearing for the State as well as counsel for objector opposed the application for grant of bail. It is submitted that injury was caused on the head of victim and assault was brutal.

4. Heard the counsel for the parties.

5. Investigation is complete and charge sheet has been filed. Weapon used in the incident was not dangerous. Considering the period of incarceration and facts and circumstances of the case, without commenting on the merits of the case, bail application filed by applicant is allowed with conditions that he will not try to contact the complainant or his family members by his friends or any way.

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

7. The applicant shall also abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-

    (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;
    (b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;
    (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
    C.C. as per rules. (VISHAL DHAGAT) JUDGE pn
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