Citation : 2021 Latest Caselaw 1055 MP
Judgement Date : 24 March, 2021
1 MCRC-16175-2021
The High Court Of Madhya Pradesh
MCRC-16175-2021
(NETA @ SATYENDRA PRATAP SINGH Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 24-03-2021
Mr. Deependra Kumar Mishra, learned counsel for the applicant.
Mr. Sourabh Shukla, learned Panel Lawyer for the respondent/State.
This is first application under section 439 of Cr.P.C. for grant of bail filed on behalf of applicant, who has been arrested in connection with Crime No.40/2005 registered at Police Station- Chandla, District- Chhatarpur for
offences punishable under Sections 323, 294, 324, 307, 506 and 34 of the I.P.C.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. It is further contended that the applicant is in custody since 24.02.2021. It is submitted that co-accused Kamlesh and Veeru have been acquitted vide judgment dated 30.08.2007 by the trial Court. Counsel for the applicant referred the statements recorded by the trial Court in which complainant has stated nothing against any of the accused persons. In the impugned order dated 13.03.2021, passed by the Court below, it is
mentioned that the complainant has given consent that he has no objection if the bail is granted to the applicant. It is also submitted that as the applicant was absconding at the time of trial, he cannot be deprived of the benefit of bail. In view of the aforesaid, prayer has been made to enlarge the applicants on bail.
Learned Panel Lawyer for the respondent/State has strongly opposed the contentions of the applicant.
In view of the above, looking to the facts and circumstances of the case and keeping in view the consent given by the complainant before the Court below as well as statements of the witnesses, I am of the opinion that it would be appropriate to release the applicant on bail. Therefore, without commenting on the merits of the case, this application is allowed. It is 2 MCRC-16175-2021 directed that applicant namely Neta @ Satyendra Pratap Singh be released on bail on his furnishing a 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 concerned trial Court for his appearance on the dates so fixed by that Court during trial. The applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C.
Accordingly, the application is allowed and disposed of.
(SMT. ANJULI PALO) JUDGE
ks Digitally signed by KOUSHLENDRA SHARAN SHUKLA Date: 2021.03.24 05:59:29 -07'00'
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