High CourtsSingle Bench(2020) 12 MP CK 0181

Ashish Sahu vs State Of M.P

Madhya Pradesh High Court · Decided on 21 December 2020

HON’BLE JUDGES
Vishnu Pratap Singh Chauhan, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.49426 Of 2020

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Judgment

20 paragraphs · 375 words

Vishnu Pratap Singh Chauhan, J

This fourth repeat bail application has been filed under Section 439 of Cr.P.C. on behalf of the applicant. The first application was dismissed vide

order dated 07/02/2020 on merits passed in M.Cr.C. No. 5375/2020 and two other applications filed by the applicant for releasing him temporarily on

the ground that his wife has delivered a child and nobody is available for taking care of him. On that ground this Court firstly released the applicant for

two months and thereafter released him for three months.

The applicant is in jail since 21/01/2019 in connection with Crime No.121/2019, registered at Police Station Civil Line, District Sagar, for commission

of offences punishable under Sections 342 and 346 r/w Section 34 of IPC.

The allegation against the applicant in short is that the applicant borrowed the money to the father of the victim and when that money was not repaid

the applicant along with the other co-accused abducted the child of the applicant and demanded the remaining money for releasing him.

Having heard both the counsel for the parties. One of the co-accused has already been granted bail and the applicant after availing the facilities of

temporary bail has surrendered before the trial Court timely. Considering the above facts, this Court is now inclined to release the Consequently, this

application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicant stands allowed. It is directed that applicant-Ashish

Sahu shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like

amount to the satisfaction of the trial Court for his appearance before that Court on all dates fixed in the case and for complying with the conditions

enumerated under Section 437 (3) of the Code of Criminal Procedure.

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

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before

and after releasing the applicant.

The interlocutory application, if any, is pending, the same stands dismissed.

Certified copy as per rules.