Madhya Pradesh High Court
Chhotelal @ Chhotti Tripathi vs The State Of Madhya Pradesh on 20 January, 2015
M.Cr.C.No.577/2015
M.Cr.C.No.577/2015
20.1.2015 Shri B.K.Vaishya, counsel for the applicants.
Shri Sameer Chile, G.A. for the State/
respondent.
Heard the learned counsel for the parties. Learned counsel for the applicants prays to withdraw application under Section 439 of the Cr.P.C. filed by the applicant No.1 Chhotelal @ Chhoti Tripathi.
Prayer is allowed.
Application under Section 439 of the Cr.P.C. filed by the applicant No.1 Chhotelal @ Chhoti Tripathi is hereby dismissed being withdrawn.
The applicant No.2 is in custody since 30.12.2014 relating to crime No.524/2014 registered at Police Station Amarpatan, District Satna for offence punishable under Sections 294, 323, 324, 325, 353, 333 and 506 read with Section 34 of IPC.
Learned counsel for the applicants submits that the applicant No.2 is a reputed citizen of the locality, who has no criminal past alleged against him. Except of offence punishable under Sections 324, 353, 333 of IPC, remaining offences are bailable. There is no allegation against the applicant No.2 that he assaulted any public servant or used any criminal force against him. No alleged offence is made out against the applicant No.2. It is alleged against the applicant No.2 M.Cr.C.No.577/2015 that he provoked the applicant No.1. However, that allegations are not true. The applicant is in custody since 30.12.2014, without any substantial reason. Under such circumstances, the applicant No.2 prays for bail.
Learned Panel Lawyer for the State opposes the application.
Considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case including the gravity of offence, without expressing any view on the merits of the case, I am of the view that application under Section 439 of Cr.P.C. filed by the applicant No.2 viz. Gokaran Prasad Tripathi may be accepted. Consequently it is hereby allowed.
It is directed that the applicant No.2 be released on bail on furnishing a bond in sum of Rs.40,000/- (Rupees forty thousand) with one surety bond of the same amount to the satisfaction of the Committal Court, Amarpatan, to appear before the committal Court and trial Court on the dates given by the concerned Courts.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(N.K.GUPTA) JUDGE M.Cr.C.No.577/2015 Pushpendra