Rajkumar Rajput Vs. the State of Madhya Pradesh

Rajkumar Rajput vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Mar 25, 2013

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https://sooperkanoon.com/case/1048913

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Citation: sooperkanoon.com/1048913
Court: Madhya Pradesh High Court
Decided On: Mar 25, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Rajkumar Rajput

Advocate Shri. Ajay Mishra

Respondent

The State of Madhya Pradesh

Excerpt

.....of ipc, section 25/27 of arms act and section 3(2)(v) of sc & st (prevention of atrocities) act. learned counsel for the applicant submits that the applicant has been falsely implicated in this case. he further submits that during trial as many as nine witnesses have been examined but none of them have supported the prosecution case. he also submits that witnesses jafar naqvi and harshit guru, as per prosecution, they were claimed themselves as eye witnesses, also not supported the prosecution case. the applicant is in jail and trial would take considerable time for its conclusion, therefore, prays for grant of bail to applicant. learned counsel for the state opposes the prayer. on due consideration of the contentions raised by the counsel for the parties along with facts and circumstances of the case and the statements of the witnesses like harshit guru and jafer naqvi, without expressing any opinion on the merits of the case, i am of the view that it is a fit case for grant of bail to the applicant. the application is allowed. it is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of rs.35,000/- (rupees thirty five thousand) with a solvent surety in the like amount to the satisfaction of the committal court/trial court concerned, for his appearance before the said court and on all such other dates as given in this regard by the said court during trial. c.c.as per rules. (g.s.solanki) ravi judge

Full Judgment

M.Cr.C.No.1055/2013 25.3.2013 Shri Manish Datt, senior counsel with Shri Ajay Mishra, counsel for the applicant.

Shri R.K.Kesharwani, PL, for the State.

Heard.

This is fifth application under Section 439 of Cr.P.C.Earlier three applications (first, third and fourth) of the applicant were dismissed as withdrawn by this Court.

The second application was allowed for a limited period by this Court.

The applicant is in custody since 7.4.2011 in connection with Crime No.159/2011 registered at Police Station Kolar Road, District Bhopal for offence punishable under Sections 148, 307, 302/149 of IPC, Section 25/27 of Arms Act and Section 3(2)(v) of SC & ST (Prevention of Atrocities) Act.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case.

He further submits that during trial as many as nine witnesses have been examined but none of them have supported the prosecution case.

He also submits that witnesses Jafar Naqvi and Harshit Guru, as per prosecution, they were claimed themselves as eye witnesses, also not supported the prosecution case.

The applicant is in jail and trial would take considerable time for its conclusion, therefore, prays for grant of bail to applicant.

Learned counsel for the State opposes the prayer.

On due consideration of the contentions raised by the counsel for the parties along with facts and circumstances of the case and the statements of the witnesses like Harshit Guru and Jafer Naqvi, without expressing any opinion on the merits of the case, I am of the view that it is a fit case for grant of bail to the applicant.

The application is allowed.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.35,000/- (Rupees thirty five thousand) with a solvent surety in the like amount to the satisfaction of the Committal Court/Trial Court concerned, for his appearance before the said Court and on all such other dates as given in this regard by the said Court during trial.

C.C.as per rules.

(G.S.Solanki) ravi JUDGE

Same Court & Year Madhya Pradesh · 2013 Same Parties Rajkumar Rajput vs The State of Madhya Pradesh Same Subject Education