Madhya Pradesh High Court
Lakhan vs The State Of Madhya Pradesh on 23 January, 2018
THE HIGH COURT OF MADHYA PRADESH
MCRC-2964-2018
(LAKHAN Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 23-01-2018
Shri Narendra Nikhare, counsel for the petitioner.
Shri Narendra Chourasiya, Deputy Government Advocate for
the respondent/State.
Heard on this first application for bail under Section 439 of sh the Code of Criminal Procedure filed on behalf of the e petitioner Lakhan Thakur in crime no.590/2017 registered ad by P.S.Gorakhpur, District-Jabalpur under Sections 353, 332, Pr 333, 325 read with Section 34 of the IPC. As per the prosecution case, on 27.08.2017, on an a hy information received from an informant, police force of P.S. Gorakhpur tried to intercept co-accused Dinnu @ Dinesh ad Singh Chouhan on an Activa vehicle; however, in order to M escape, co-accused Dinnu @ Dinesh Singh Chouhan pushed Constable Ramgopal. As a result, he felt down and sustained of grievous injury. Present petitioner Lakhan was a pillion rider rt on aforesaid Activa vehicle with co-accused Dinesh Singh ou Chouhan.
Learned counsel for the petitioner submits that the name of C the petitioner does not figure in the first information report. h No overt role has been ascribed to the petitioner apart from ig his being the pillion rider on the Activa vehicle, which was H being driven by main accused Dinnu @ Dinesh Singh Chouhan. He has been in custody since 09.12.2017 and charge-sheet in the matter has been filed; therefore, it has been prayed that the petitioner be released on bail. Learned Deputy Government Advocate for the respondent/State on the other hand has opposed the application.
However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts as pointed out by the learned counsel for the petitioner, in the opinion of this Court, petitioner deserves to be released on bail. Consequently, this first application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the petitioner Lakhan Thakur, is allowed. It is directed that the petitioner shall be released on bail on furnishing a personal bond in the sum of Rs. 40,000/- with a solvent surety in the same amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437(3) of the Code of sh Criminal Procedure.
e Certified copy as per rules.
ad Pr (C V SIRPURKAR) JUDGE a hy ad vai M Digitally signed by VAISHALI of AGRAWAL Date: 2018.01.25 02:56:28 -08'00' rt ou C h ig H