Vinod Kumar Yadav Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1053706
CourtMadhya Pradesh High Court
Decided OnApr-05-2013
AppellantVinod Kumar Yadav
RespondentThe State of Madhya Pradesh
Excerpt:
m.cr.c.no.1796/2013 5.4.2013 shri r.s.patel, advocate for the applicant. shri r.k.kesarwani, pl for the state. this is the second bail application filed by the applicant under section 439 of the cr.p.c.for grant of bail. previous application m.cr.c.no.4527/2012 was dismissed on merits on 21.6.2012. the applicant is in custody since 8.11.2011 in connection with crime no.142/2011 registered at p.s.orchha, district tikamgarh for the offences punishable under sections 307, 302, 148, 149 of the ipc and section 25/27 of the arms act. learned counsel for the applicant submits that the applicant has been falsely implicated in this case. he has not assaulted deceased lokesh. as per prosecution itself, the injury stated to have been caused by the applicant by firearm, was sustained by nikesh on his palm, which was not dangerous to life. after dismissal of previous application, as many as 11 witnesses have been examined by the trial court including dr. m.p.singh, who treated nikesh. the applicant is in custody and trial would take considerable time to conclude, therefore, he be released on bail in view of the change in the circumstances. learned counsel for state has opposed the application. on due consideration of the contention raised by the learned counsel for the parties and in view of the changed circumstances, i am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, this application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of rs.35,000/- (rs.thirty five thousand only) with one surety in the like amount to the satisfaction of the committal court/trial court for securing his presence before the said court on all the dates of hearing fixed in this regard during trial. certified copy as per rules. (g.s.solanki) judge pb
Judgment:

M.Cr.C.No.1796/2013 5.4.2013 Shri R.S.Patel, Advocate for the applicant.

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

This is the second bail application filed by the applicant under Section 439 of the Cr.P.C.for grant of bail.

Previous application M.Cr.C.No.4527/2012 was dismissed on merits on 21.6.2012.

The applicant is in custody since 8.11.2011 in connection with Crime No.142/2011 registered at P.S.Orchha, District Tikamgarh for the offences punishable under Sections 307, 302, 148, 149 of the IPC and Section 25/27 of the Arms Act.

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

He has not assaulted deceased Lokesh.

As per prosecution itself, the injury stated to have been caused by the applicant by firearm, was sustained by Nikesh on his palm, which was not dangerous to life.

After dismissal of previous application, as many as 11 witnesses have been examined by the trial Court including Dr.

M.P.Singh, who treated Nikesh.

The applicant is in custody and trial would take considerable time to conclude, therefore, he be released on bail in view of the change in the circumstances.

Learned counsel for State has opposed the application.

On due consideration of the contention raised by the learned counsel for the parties and in view of the changed circumstances, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, this application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.35,000/- (Rs.Thirty Five Thousand only) with one surety in the like amount to the satisfaction of the committal Court/trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.

Certified copy as per rules.

(G.S.Solanki) Judge PB