LAWS(MPH)-2023-7-59

ABHISHEK Vs. STATE OF MADHYA PRADESH

Decided On July 01, 2023
ABHISHEK Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is first bail application filed by the applicant under Sec. 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.619/2022 dtd. 22/10/2022 registered at Police Station Nawgaon, District Chhatarpur for the offences under Ss. 323, 294, 506, 34 and 302 of IPC. Learned counsel for applicant submits that the applicant is innocent and has been falsely implicated in the case. T he applicant is in custody since 30/12/2022. Trial will take considerable time to conclude. The applicant is ready to furnish adequate surety and shall abide by the conditions to be imposed by the Court. On these grounds, the applicant may be released on bail. Learned Panel Lawyer for the respondent/State has opposed the bail application.

(2.) Heard learned counsel for the parties and perused the case diary.

(3.) The present application is argued on the basis that co-accused Veeru @ Vivek Yadav has already been released on bail vide order dtd. 12/6/2023 passed in M.Cr.C. No.8440 of 2023. Case diary discloses that not a single injury was caused to deceased Upendra Yadav by the present applicant. He caused injuries only to Gopal Yadav and Rajni Yadav. Only simple injuries were caused to these injured persons. Considering the overall facts and circumstances of the case, I find it to be a fit case to release the applicant on bail, therefore, without commenting on the merit of the case, the application is allowed.