M.CR.C. No.8301/2010 7.9.2010
Shri Manish Date, counsel for the applicant.
Shri B.P.Pandey, Public Prosecutor for the State.
Heard on I.A. No.14269/2010, an application for urgent
hearing.
Since case diary is available, application is allowed.
Heard both the parties.
The applicant is in custody in connection with Crime
No.242/2010 registered at Police Station Betul District Betul for
the offence punishable under Sections 307, 332, 224, 225, 216,
147, 148, 149, 120-B, 395, 397 of I.P.C. since 23.7.2010.
Learned counsel for the applicant submits that the applicant
is a reputed citizen of the locality. He has no criminal
background. He is in custody since 23.7.2010. In the incident,
charges of Section 216, 224, 225, 147, 148 are bailable whereas
no victim sustained any grievous or fatal injury in the incident. It
is alleged that the applicant and other co-accused persons poured
some chilly powder in the eyes of police persons and got 2
accused escaped from the custody of the police. At present the
injured police persons are out of danger. Learned counsel for the
applicant further submits that one co-accused Tinku alias
Sudhanshu Verma has already been enlarged on bail by this Court
on 2/8/2010 in M.Cr.C.No.6532/2010 and the case of the present
applicant is similar to co-accused Tinku alias Sudhanshu,
therefore he prays for bail.
Learned Public Prosecutor opposes the application. He
submits that as many as 18 persons with preparation assaulted the
police personnel and got escaped 2 accused from the custody and
therefore offence is grave.
After hearing aforesaid arguments of parties and looking to
the facts and circumstances of the case, 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 Toi @ Amit.
Therefore, application of the present applicant under section
439 of Cr.P.C is hereby allowed. He be released on bail on
furnishing a bond in sum of Rs.25,000/- (Rupees Twenty Five
thousand) with one surety bond of the same amount to the
satisfaction of the C.J.M. Betul to appear before the committal
Court and trial Court on the dates given by the concerned Courts.
Certified copy as per rules.
(N.K.GUPTA)
JUDGE
ansari