Madhya Pradesh High Court
Kuldeep @ Neeraj Kumar Mishra vs The State Of Madhya Pradesh on 20 August, 2015
MCRC-5915-2015
(KULDEEP @ NEERAJ KUMAR MISHRA Vs THE STATE OF MADHYA PRADESH)
20-08-2015
Shri Pushpendra Dubey, Advocate for the applicant. Shri B.P. Pandey, Public Prosecutor for the State. Learned counsel appearing on behalf of applicant submitted that he has already withdrawn the another M.Cr.C. No. 4905/2015, in these circumstances now this petition is maintainable.
Heard.
This is the repeat bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail. Earlier application was dismissed as withdraw with liberty to repeat the same after recording some evidence.
The applicant is in custody since27.12.2014 in connection with Crime No.489/2014 registered at P.S. Hanumana, District Rewa for the offence punishable under sections 392, 397 of IPC.
Learned counsel for the applicant submits that now the statements of Kripashankar Dwivedi (PW1) and Ramesh Prasad Dwivedi (PW2) have been recorded before the trial Court. He further submits that now the charge has also been altered from 397 to 392 of IPC. Learned counsel further submits that applicant is suffering from serious ailment of Hepatitis B. He filed the medical papers in support of the aforesaid ailment. The applicant is in custody and trial would take considerable time to conclude, therefore, he be released on bail.
Learned counsel for State has opposed the application. On due consideration of the contention raised by the learned counsel for the parties and overall facts and circumstances of the case along with fact that he is suffering from ailment of Hepatitis - B, 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. 35,000/- (Rs. Thirty Five Thousand only) with one surety in the like amount to the satisfaction of the committal Court/trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
Certified copy as per rules.
(G.S. SOLANKI) JUDGE