Madhya Pradesh High Court
Ramesh Dubey vs The State Of Madhya Pradesh on 19 June, 2020
Author: Vandana Kasrekar
Bench: Vandana Kasrekar
HIGH COURT OF MADHYA PRADESH :INDORE BENCH M.Cr.C. No.17118/2020 (Ramesh Dubey Vs. State of M.P.) Indore dated :19.06.2020 Shri Vinay Saraf, learned Senior Counsel with Shri Rizwan Khan, learned counsel for the applicant is present through Video Conferencing.
Shri Awdesh Polekar, learned Public Prosecutor for the non-applicant/State is present through Video Conferencing.
Heard. Case diary perused.
This is first application under Section 439 of Cr.P.C. for grant of bail in connection with Crime No.9/20, registered at Police Station - Sarafa, Indore(M.P.) for commission of offence punishable under Sections 307 and 34 of IPC and under Sections 25 & 27 of the Arms Act. The applicant is in custody since 25/01/2020.
Learned Senior Counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the alleged offence. He further submits that there is no allegation of causing injury by the applicant. The injury sustained by the complainant was contused lacerated wound and was of simple nature. He further submits that there is no cogent evidence against the present applicant to connect him with the alleged crime and nothing has been seized from his possession. He further submits that the investigation is over, charge-sheet has been filed and conclusion of the trial is likely to take long time. In such circumstances, he prays that the applicant be released on bail.
Learned Public Prosecutor for the non-applicant/State HIGH COURT OF MADHYA PRADESH :INDORE BENCH M.Cr.C. No.17118/2020 (Ramesh Dubey Vs. State of M.P.) opposes the bail application and submits that no case is made out for enlarging the present applicant on bail.
After taking into consideration all the facts and circumstances of the case and without commenting on merit of the case, the application filed under Section 439 of the Cr.P.C. is allowed. It is directed that the applicant shall be released on bail upon his furnishing a personal bond of Rs.50,000/-(Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned Magistrate for his appearance on all the dates of hearing as may be directed in this regard during bail.
He is further directed that on being so released on bail, he would comply with the conditions enumerated under Section 437(3) of the Cr.P.C. meticulously.
This order shall be effective till the end of the trial. However, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(Ms. Vandana Kasrekar) Judge pn Digitally signed by Preetha Nair Date: 2020.06.22 10:53:06 +05'30'