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Durga Prasad vs The State Of Madhya Pradesh on 8 July, 2010

Madhya Pradesh High Court
Durga Prasad vs The State Of Madhya Pradesh on 8 July, 2010
                         M.Cr.C. No.5042/2010
8.7.2010
     Shri Ghanshyam Sharma, counsel for the applicant.
     Shri     C.    K.     Mishra,   Public     Prosecutor        for   the
respondent/State.

Heard both the parties.

Case diary of Crime No.251 of 1993 registered at
Police Station Bairasiya, District Bhopal for offence
punishable under Sections 294, 323, 506 and 325 of I.P.C
is perused.

Applicant is arrested for aforesaid crime on
15.1.2010.

Learned counsel for the applicant submits that the
applicant is in custody since 15.1.2010 and crime alleged
against him are bailable except Section 325 of I.P.C.
Though he was not available in last 5-10 years but, at
present he assures that he will attend every date of the
Court regularly. Case is triable by JMFC and some time
will be taken in conclusion of the case.

Learned Public Prosecutor opposes the bail
application.

He submits that at present only two witnesses are
to be examined in the matter.

After hearing aforesaid arguments without
expressing any view on the merits of the case, I am of
the view that the applicant Durga Prasad may be released
on bail with some tough conditions.

Therefore, application of the applicant Durga Prasad
under Section 439 Cr.P.C. is hereby allowed. He be
released on bail on furnishing of a bond in sum of
Rs.20,000/- (Rupees twenty thousand) with two surety
bonds of the like sum to the satisfaction of trial Court to
appear before the trial Court on the dates given by the
concerned Court.

Certified copy if applied.

(N.K. Gupta)
Judge
bina

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