Madhya Pradesh High Court
Golu Urf Bhupat vs The State Of Madhya Pradesh on 17 June, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 17th OF JUNE, 2022
MISC. CRIMINAL CASE No. 24191 of 2022
Between:-
GOLU URF BHUPAT S/O RAMDAS CHOUDHARY ,
AGED ABOUT 23 YEARS, OCCUPATION:
MAJDOORI M.NO.NO. 609BHANTALIYA,
CHOUDHARY MOHALLA, BAILBAGH,
JABALPUR M.P. (MADHYA PRADESH)
.....PETITIONER
(BY SHRI AJEET KUMAR KANJAR, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH DWARA
THANA BAILBAGH JABALPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI VIVEK LAKHERA, GA FOR STATE)
This application coming on for hearing this day, the court passed the
following:
ORDER
Shri Ajeet Kumar Kanjar, learned counsel for the applicant.
Shri Vivek Lakhera, learned Government Advocate for the respondent/State.
This is s e cond bail application filed on behalf of applicant under Section 439 of CrPC in connection with Crime No.656/2021 under Sections 294, 324, 327, 506, 34, 329 of IPC and section 25 of Arms Act registered at police station Belbagh, District Jabalpur (M.P) and applicant is in custody since 25/11/2021. Earlier bail application (M.Cr.C No. 6611/2022) was dismissed as Signature Not Verified SAN withdrawn with liberty to renew the prayer once victim is examined before the trial court vide order Digitally signed by TARUN KUMAR dated 11/02/2022.
SALUNKE Date: 2022.06.17 18:45:52 IST 2Learned counsel for the applicant submits that now victim Monu Choudhary (PW-3) was examined before the trial court on 21st April, 2022. In para 2 of his examination-in-chief, he has admitted that knife blow made by Golu had not hit him. Thereafter Ashish made knife blow, which hit him in his stomach causing injury to him. Applicant is in custody since 25/11/2021 and trial will take time to conclude. On aforesaid ground prayer is made to enlarge applicant on bail.
Learned G.A for the State opposes the prayer made by learned counsel for the applicant.
Taking into consideration submissions of learned counsel for the parties and the fact that victim/Monu Choudhary has been examined in the trial court and he has admitted that main accused is Ashish and not the present applicant and applicant is in custody since 25/11/2021. Hence without commenting anything on merits of the case, this bail application is allowed. It is directed that applicant Golu @ Bhupat be released on bail on his furnishing a personal bond to the tune of Rs.50,000/- with two solvent sureties in the like amount to the satisfaction of the learned Trial Court. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
In view of the outbreak of new mutant Omicron of Covid-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
In above term, this bail application is disposed of.
Certified copy as per rules (VIVEK AGARWAL) JUDGE tarun Signature Not Verified SAN Digitally signed by TARUN KUMAR SALUNKE Date: 2022.06.17 18:45:52 IST