M.Cr.C. No.3580/2010
09/07/2010
Shri Manish Tiwari, Advocate for the applicant.
Shri S.K.Kashyap, Public Prosecutor for the
respondent-State.
Heard on IA No.10320/2010, an application for
urgent hearing.
Since the case diary is available, the application
is allowed.
Also heard both the parties.
Case diary of Crime No.287/2009 registered at
Police Station Chicholi District Betul for the offence
punishable under Sections 302, 201 read with
Sections 34 & 120-B of IPC is perused.
The applicant is arrested on 3/11/2009 for the
aforesaid offence.
Learned counsel for the applicant submits that
there is no eye-witness in the case. One eye witness
Lallu was created after six days of the incidence and
that witness too did not say anything against the
present applicant as to whether he assaulted the
deceased by any weapon. No weapon is seized from
the applicant and, therefore, his common intention
with the main accused cannot be gathered. The
applicant is in custody since 3/11/2009 and he has no
criminal past. He is a young youth of 24 years and,
therefore, he prays for bail.
Learned public prosecutor for the State opposes
the application.
After hearing aforesaid arguments and looking to
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 Guddu alias Chetram.
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.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.
Certified copy as per rules.
(N.K.Gupta)
Judge
Ansari