Devendra Singh @ Devendar vs. The State Of Madhya Pradesh

M.Cr.C.No.12113/2015

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M.Cr.C.No.12113/2015

7.10.2015 Shri Manish Datt, Senior Advocate with Shri Luvkush Mishra, Advocate for the applicant.

Shri G.S.Thakur, Panel Lawyer for the State/ respondent.

Heard the learned counsel for the parties.

This is the repeat bail application of the applicant, whereas his previous bail application was dismissed on 24.3.2014 being withdrawn.

The applicant is in custody since 9.6.2015 relating to crime No.86/2008 (ST No.244/2008) registered at Police Station Garh, District Rewa for offence punishable under Sections 341, 294, 323, 506, 302/34 of IPC.

Learned counsel for the applicant submits that the applicant is a reputed citizen of the locality, who has no criminal past alleged against him. The incident took place on 9.4.2008 in the territory of District Rewa. The applicant was working in Sarvodaya India Ltd., Bhilwara as a Security Guard. The applicant has filed the copy of attendance register of 7.4.2008 to 10.4.2008. In all the 4 days, he entered into the industry on 7 a.m. in the morning and remained there upto 7 p.m. It was not possible for him to visit Rewa from Bhilwara in the night and to go back on duty in the morning. It

M.Cr.C.No.12113/2015

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would be apparent that the applicant is falsely implicated in the matter. He is in custody, without any substantial reason. Under such circumstances, the applicant prays for bail.

Learned Panel Lawyer for the State opposes the application.

Considering the submissions made by learned counsel for the parties, looking to the facts and circumstances of the case including the gravity of offence, without expressing any view on the merits of the case, I am of the view that application under Section 439 of Cr.P.C. filed by the applicant viz. Devendra Singh @ Devendar may be accepted. Consequently it is hereby allowed.

It is directed that the present applicant be released on bail on furnishing a bond in sum of Rs.50,000/- (Rupees fifty thousand) with one surety bond of the same amount to the satisfaction of the trial Court, to appear before the trial Court on the dates given by the concerned Court.

This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.

Certified copy as per rules.

(N.K.GUPTA) JUDGE

Pushpendra