M.Cr.C. No.5238/2010
23/07/2010
Shri D.K.Tripathi, Advocate for the applicant.
Shri S.K.Kashyap, Public Prosecutor for the
respondent-State.
Heard on IA No.11148/2010, an application for
urgent hearing.
Since the case diary is available, the application
is allowed.
Also heard both the parties.
Applicant is in custody in connection with Crime
No.122/2009 registered at Police Station Devendra
Nagar District Panna for the offence punishable under
Sections 341, 342, 294, 506-B, 394, 386, 397of IPC
and Sections 25/27 of the Arms Act, since 27/3/2010.
Learned counsel for the applicant submits that
there is no criminal past shown against the present
applicant. He is a reputed citizen of the locality. It is
possible that his tractor-trolley was used in the
incident, but his name was falsely implicated by the
complainant party. No property looted is seized from
the present applicant. He is in custody since
27/3/2010.
Learned public prosecutor for the State opposes
the application mainly on the ground that tractor-
trolley used in creation of obstruction of the way of the
complainant etc. was of the present applicant and the
applicant was present at the time of incident.
After hearing aforesaid arguments and looking to
the facts and circumstances of the case particularly
the custody period of the applicant, without
expressing any view on the merits of the case, I am of
the opinion that this is a fit case in which bail may be
granted to the applicant Vimla @ Vimal Panday @
Awadesh Pandey.
Therefore, the application of the present
applicant under Section 439 Cr.P.C is hereby allowed.
He be released on bail on furnishing a bond in sum of
Rs.30,000/- (Rupees thirty thousand) with one surety
bond of the same amount to the satisfaction of the
Chief Judicial Magistrate, Panna, to appear before the
committal Court and the trial Court on the dates given
by the concerned Courts.
Certified copy as per rules.
(N.K.Gupta)
Judge
Ansari