Madhya Pradesh High Court
Arjun @ Malgujar vs The State Of Madhya Pradesh on 11 July, 2014
M.Cr.C. No. 9636/2014
11.07.2014
Shri R.S. Patel, Advocate for the applicant.
Shri Yadvendra Dwivedi, PL for the respondent/State.
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.
The applicant is in custody since 11.06.2014 in connection with Crime No.406/2014 registered at P.S. Gotegaon, District Narsinghpur for the offence punishable under Sections 147, 148, 294, 506, 323, 325, 367 of the I.P.C.
Learned counsel for the applicant submits that applicant has been falsely implicated in this case. He further submitted that counter case is also registered against complainant Moti Kahar at Crime No.407/14 for the offences punishable 294, 336, 506, 427 of the I.P.C. read with Section 25/27 Arms Act. Except the offence under Section 367 of the I.P.C. all the offences are triable by the Magistrate. The trial would take considerable time to conclude and, therefore, it is prayed that the applicant be released on bail.
Learned counsel for the State has opposed the application.
On due consideration of the contention made by the learned counsel for the parties and over all facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs. 30,000/- (Rs. Thirty Thousand only) with 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.
Certified copy today.
(G.S.Solanki) Judge