Madhya Pradesh High Court
Aakash Solanki vs The State Of Madhya Pradesh on 12 January, 2022
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
The High Court Of Madhya Pradesh, Bench At Indore
M.Cr.C No.54639/2021
(Aakash Solanki Vs. Vs. State of MP) 1
INDORE; DATED - 12/01/2022
Shri Vivek Singh, learned counsel for the applicant.
Shri Neeraj Gaur, learned counsel for the respondent/State.
With the consent, heard finally.
ORDER
This is first bail application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.507/2021 registered at Police Station Jiwajiganj, Distt. Ujjain under Section 302, 294 of the IPC and Sec.25(1-B)(b) of Arms Act.
Learned counsel for applicant submits that the allegation against the applicant is that he had given one knife blow on thigh of the deceased Mahesh. It is submitted that he died because of excessive bleeding. Learned counsel for applicant submits that the offence u/S.302 of the IPC will not be made out. At the most the offence u/S.326 will be made out.
Learned P.L. for State has opposed the prayer for grant of bail. Considering the aforesaid submissions and taking into consideration the fact that only one knife blow was given on non vital part of the body and deceased died because of excessive bleeding, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.
It is directed that Applicant Aakash Solanki shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees fifty thousand Only) with one surety of the like amount to the satisfaction of the learned Court below.
Signature Not VerifiedDigitally signed by SAN VARGHESEMATHEW Date: 2022.01.12 16:41:51 IST The High Court Of Madhya Pradesh, Bench At Indore M.Cr.C No.54639/2021 (Aakash Solanki Vs. Vs. State of MP) 2 The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.
It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.
A typed copy of this order be forwarded by the Registry to the office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the learned Court below.
(Vijay Kumar Shukla)
Judge
vm
Signature Not Verified
VerifiedDigitally
Digitally signed by
SAN VARGHESE
MATHEW
Date: 2022.01.12
16:41:51 IST