SHYAMPUJAN SHARMA Vs. STATE OF M.P

JUDGEMENT

(1.) THIS is first bail application under Section 439 of Cr.P.C. The applicant has been arrested in Crime No.19/2014 registered at Police Station, Kurwai, District Vidisha, under Sections 364 -A, 307, 323, 147, 148, 149 of IPC and under Sections 25, 27 of Arms Act.

(2.) AS per the prosecution case, the complainant Hemant alongwith Devendra was going to see the work on site on vehicle No.MP -40 -CA -2299. As soon as they reached on the bridge of Ketwan river they saw two vehicles Xylo and Scorpio were parked on the bridge. Some persons were sitting in the vehicles. They came out from the vehicle and pointed gun and gave beating to the complainant. In the meantime the associate of the complainant came, then the persons sitting in the vehicle started firing on them. The driver of the complainant ran away. Thereafter, they thrown the complainant and Devendra in their vehicle and took the complainant and Devendra upto Bangla Chouraha, where, their mobiles were snatched and thrown. The assailants were discussing that they have to collect Rs.One crore. In the meantime assailants received the telephone that Police has caught them, then they started fleeing away. The Police has chased them and caught hold five persons and thereafter, took them alongwith the complainant and Devendra to Police Station.

(3.) THE application is opposed by learned Public Prosecutor. Case diary perused. Considering that the applicant is not named in the FIR and on the ground of parity with co -accused Neetu and Deepu Rathore and also considering the fact that the applicant is under custody since 26.1.2014, but without commenting on the merit of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/ - (Rupees Fifty