Madhya Pradesh High Court
Vijay Bunkar @ Chunta Bunkar vs The State Of Madhya Pradesh on 4 May, 2021
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1 MCRC-17879-2021
The High Court Of Madhya Pradesh
MCRC-17879-2021
(VIJAY BUNKAR @ CHUNTA BUNKAR Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 04-05-2021
Heard through Video Conferencing.
Shri Shreyas Pandit, learned counsel for the applicant.
Ms. Ankita Khare, learned Panel Lawyer for the respondent/ State.
Heard.
This third bail application under Section 439 of the Code of Criminal Procedure has been filed by the applicant for grant of bail in connection with Crime No.82/2020 registered at Police Station-Kolgawan, District-Satna (M.P.), for the offence punishable under Section 392 of the Indian Penal Code. The earlier two applications were dismissed as withdrawn.
Learned counsel for the applicant submits that statement of complainant has been recorded during trial and copy of the statement of complainant is also available on record. He further submits that as per the statement, prosecution has declared the said witness hostile and even from the statement of the prosecutrix, it is clear that the prosecutrix has not identified the present applicant.
On the other hand, learned Panel Lawyer appearing for the respondent/State opposes the bail application and prays for rejection of the same.
Considering the aforesaid and after perusal of the statement of the prosecutrix, without commenting anything on the merits, I am inclined to consider and allow this bail application. Accordingly, the same is hereby allowed.
It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the same amount to the satisfaction of the Court concerned for his appearance on the dates given by it.
Signature Not Verified SANIt is further directed that the applicant shall abide by the conditions Digitally signed by SATYA SAI RAO Date: 2021.05.04 16:56:00 IST 2 MCRC-17879-2021 enumerated in Section 437(3) of the Code of Criminal Procedure.
The jail authority is also directed to ensure that the applicant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the applicant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event the jail doctor is of the opinion that the applicant can be released, then he shall be released.
Certified copy as per rules.
(SANJAY DWIVEDI) JUDGE rao Signature Not Verified SAN Digitally signed by SATYA SAI RAO Date: 2021.05.04 16:56:00 IST