SHARVAN JHA Vs. STATE OF M P

JUDGEMENT

(1.) THIS is first bail application filed under Section 439 of Cr.P.C. by the present applicant namely Shravan Jha in connection with crime No.240/2013 registered by P.S. Banganga, Indore, for the alleged offence punishable under Section 302/34 of IPC.

(2.) LEARNED counsel appearing on behalf of the applicant contends that in the present case the main assailant is Shubham who cause injury to Shiv Kumar by means of bricks. But the role of present applicant has not been shown in the FIR. The co accused Naresh has already been granted bail by this Court order dated 09.07.2013 passed in MCRC no. 4011/2013, considering the role as assigned to the present applicant and also looking to the fact that after completion of investigation challan has already been a filed and in the mean of parity, prayer is made to enlarge the applicant on bail.

(3.) CONSIDERING the facts and circumstances of the case, and the arguments advanced by the counsel for the applicant, and also looking to his role and the period of custody, without expressing any opinion on merits of the case, it is a fit case to enlarge, the applicant on bail. Accordingly, this application is hereby allowed and the applicant Shravan Jha be released on bail on furnishing personal bond for a sum of Rs.50.000/ with one surety in the like amount to the satisfaction of the JMFC/CJM for his appearance before the concerned trial Court and on all dates of hearing as may be fixed in this regard during the pendency of trial. It is also directed that the applicant shall abide all the conditions as enumerated under section 437(3) of the Cr.P.C. (Bail allowed)