Madhya Pradesh High Court
Gauri @ Gaurishankar vs The State Of Madhya Pradesh on 30 April, 2015
MCr.C. No. 326 6/ 2 0 1 5
(Gauri @ Gaurishan ka r VS. State of M.P.)
30 / 0 4 / 2 0 1 5
Shri D. R. Sharma, Advocate for the applicant.
Shri G. S. Chauhan, P.L. for the respondent /State.
Heard on admission.
Admit.
Perused the case diary.
This is the second bail application on behalf of the applicant under Section 439 of Cr.P.C. First bail application was rejected by this Bench vide order dated 24.03.2015 in M.Cr.C. No. 1407/ 2015. The applicant is in custody since 29.10.2015 in connection with Crime No.935/ 14 registered at Police Station Janakganj District Gwalior for the offence punishable under Sections 307 and 294 of IPC.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. It is further submitted that complainant Kalu Khan, PW/2 and eye witness Farukh, PW/3 were turned hostile. The applicant is in custody since 29.10.2015. Trial will take considerable time and there is no chance of his absconsion. On the aforesaid ground it is prayed that the applicant be released on bail.
Learned Panel Lawyer for the State vehemently opposed the application.
MCr.C. No. 326 6/ 2 0 1 5(Gauri @ Gaurishan ka r VS. State of M.P.) Considering the totality of the facts and circumstances of the case coupled with the material available on record, the application under Section 439 of Cr.P.C. may be allowed. Consequently, it is hereby allowed.
It is directed that applicant Gauri @ Gaurishan k a r be released on bail on his furnishing a personal bond in the sum of Rs.25,000 / - (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the CJM, Gwalior securing his presence before the trial Court on all the dates of hearing fixed in this regard during trial.
Certified copy as per rules.
(SUBHASH KAKADE) JUDGE neetu