Madhya Pradesh High Court
Ashok Adivasi @ Chhotu vs The State Of Madhya Pradesh on 3 October, 2018
1 MCRC-35946-2018
The High Court Of Madhya Pradesh
MCRC-35946-2018
(ASHOK ADIVASI @ CHHOTU Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 03-10-2018
Mr. A.K.Gupta, Advocate for the applicant.
Mr. A.S.Pathak, Government Advocate for the respondent/State.
Heard. Perused the case diary.
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.292/2018 registered at P.S.Rampur Baghelan, District-Satna for the offence punishable under sections 307, 294, 506/34 of IPC.
As per the prosecution story, on 30.5.2018 at about 12:00 PM, the applicant along with co-accused Chambhu Kol have abused the complainant Vishnu Pratap Singh and assaulted on his head by means of Favda with an intention to kill him, due to which, the complainant received serious injury on his head. On the report of the complainant, the case as mentioned above has been registered against the applicant.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. There is no criminal record of this nature against the present applicant. The charge-sheet has been filed and the trial will take time to conclude. There is no likelihood of applicant absconding and tampering with the prosecution evidence and his further custody is not required in this case. On the aforesaid grounds, learned counsel for the applicant has prayed that the applicant be released on bail.
Learned Government Advocate opposing the submissions made on behalf of the applicant has prayed for rejection of the bail application.
Looking to the facts and circumstances of the case but without commenting anything on the merits of the case, this application is allowed. It is ordered that the applicant/accused Ashok Adivasi @ Chhotu be released on bail on his furnishing a personal bond for the sum of Rs.50,000/- with Digitally signed by NEETI TIWARI Date: 05/10/2018 04:30:06 2 MCRC-35946-2018 one surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub- section (3) of Section 437 of Cr.P.C.
This order shall remain effective till the end of the trial but in case of bail jump it shall become ineffective.
Certified copy as per rules.
(AKHIL KUMAR SRIVASTAVA) JUDGE nd Digitally signed by NEETI TIWARI Date: 05/10/2018 04:30:06