Madhya Pradesh High Court
MCRC/53535/2020 of HUKUM @ RAJA BANJARA Vs THE STATE OF MADHYA PRADESH on 31 December 2020
COURT OF MADHYA PRADESH M.Cr.C.
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THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 53535 of 2020(Hukum @ Raja Vs. State of MP)
Indore, Dated: 31/12/2020
Shri Subodh Choudhary learned counsel for applicant.
Ms. Harshalata Soni learned counsel for State.
Heard through video conferencing.
This is an application made by the applicant (accused)under Section 439 Cr.P.C. for grant of bail during trial.
Notice of this application was served on the State counsel.Case diary as per the direction of this Court has been producedand it has been perused.
The applicant is facing trial for offence punishable underSections 458, 294, 323, 506, 427 & 34 IPC registered with PoliceStation Panwasa District Ujjain in Crime no. 206/2020.
Learned counsel for the applicant submits that the incidenthad taken place on 15/11/2020 whereas the applicant has beenarrested on 29/11/2020. He further submits that the allegationagainst the present applicant is the same as the allegation whichhas been made against the co-accused Banti, Suraj and Dilip andthe co-accused persons have already been enlarged on bail bythe trial court. He also submits that only simple injury in the fingerhas been received by the complainant and that there was someallegation of causing damage to the door of the house. He alsosubmits that applicant is in custody since 29/11/2020,investigation is complete, challan has been filed and trial is likelyto take time.
Learned counsel for the State has opposed the applicationfor grant of bail and has submitted that applicant has criminalantecedence.
On perusal of the case diary and considering the circumstances of the case, I find prima facie force in thesubmissions made by the counsel for applicant. Hence I am ofthe considered view that the application for grant of bail deservesto be allowed and is accordingly allowed.
The applicant is directed to be released on bail on hisfurnishing a personal bond in the sum of Rs.35,000/- (RupeesThirty Five Thousand) with one surety in the like amount to thesatisfaction of the Trial Court for his appearance as and whendirected.
The applicant will attend each hearing of his trial before theTrial Court out of which this bail arises. Any default in attendancein Court would result in cancellation of the bail granted by thisCourt.
Certified copy as per rules.
BDJ
(Prakash Shrivastava) Judge
Digitally signed by Bhuneshwar Datt Date: 2020.12.31 14:51:17 -08'00'