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[Cites 5, Cited by 1]

Madhya Pradesh High Court

Deepak Panti @ Jhakora vs The State Of Madhya Pradesh on 22 August, 2022

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                            BEFORE
                                              HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                     ON THE 22nd OF AUGUST, 2022

                                          MISC. CRIMINAL CASE No. 35324 of 2022

                                   Between:-
                                   DEEPAK PANTI @ JHAKORA S/O SHRI
                                   OMPRAKASH PANTI, AGED ABOUT 20 YEARS,
                                   OCCUPATION: LABOUR R/O NEW BLOCK,
                                   KAICHICHOLA, CHOLA MANDIR, BHOPAL
                                   (M.P.) (MADHYA PRADESH)

                                                                                           .....PETITIONER
                                   (BY SHRI AYUR JAIN, ADVOCATE)

                                   AND

                                   THE STATE OF MADHYA PRADESH THROUGH
                                   POLICE STATION CHOLA MANDIR DISTRICT
                                   BHOPAL M.P. (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                                   (BY SHRI LAVEN ARORA, GOVT. ADVOCATE)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                                ORDER

This is first bail application filed under Section 439 CrPC on behalf of applicant in connection with Crime No.438/2022, registered at Police Station Chola Mandir, District Bhopal (M.P.), for the offences punishable under Sections 302, 450 and 34 of IPC and Section 25 of Arms Act.

Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the case. It is submitted that applicant was arrest on basis of extra judicial confession of one Sonu Sahu. It is submitted that no other evidence is available against the applicant.

Signature Not Verified Signed by: MONSI M SIMON Signing time: 8/23/2022 2:02:52 PM 2

Learned Govt. Advocate appearing for the State opposed the application for grant of bail. It is submitted that blood stained knife has been seized from the applicant. Applicant is also having criminal antecedents and 3 cases are registered against him. In these circumstances, applicant may not be released on bail.

Heard the learned counsel for the parties.

Evidence available against the applicant is weak type of evidence. Police has arrested the applicant after about 3 months from date of incident on basis of extra judicial confession.

Considering the aforesaid facts and circumstances of the case, bail application filed by applicant is allowed.

It is directed that applicant Deepak Panti @ Jhakora shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court and on condition that applicant will mark his presence before Police Station- Chola Mandir, District-Bhopal (MP) on the first of every month.

The applicant shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.

C.C as per rules.

(VISHAL DHAGAT) JUDGE mms Signature Not Verified Signed by: MONSI M SIMON Signing time: 8/23/2022 2:02:52 PM