High CourtsSingle Bench(2021) 01 MP CK 0085

Basant S/O Rupnarayan Rathore vs State Of MP

Madhya Pradesh High Court · Decided on 21 January 2021

HON’BLE JUDGES
Shailendra Shukla, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.2401 Of 2021

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Judgment

21 paragraphs · 360 words

Shailendra Shukla, J

This is Second application under Section 439 of Cr.P.C. for grant of bail. Applicant â€" Basant S/o Rupnarayan Rathore is implicated in Crime

No.187/2020 registered at Police Station â€" Central Kotwali, Indore, District Indore for the offence punishable under Sections 307, 323, 294 and 506

of IPC.

Learned counsel for the applicant seeking temporary bail for a period of three months on the ground that applicant suffers from chronic kidney disease

for which he has to undergo haemodialysis. This was the ground for grant of temporary bail on earlier occasion as well. Report for the present bail

application had been called, which has been made available through video conferencing.

Learned counsel for the State has read out the report in which it has been stated that the applicant has to undergo dialysis twice a week and this

creates logistic pressure upon jail authorities.

Learned counsel for the complainant/objector has submitted oral objection stating that the pressure is being created by the family of the applicant for

entering into compromise.

Considered.

In view of the precarious medical condition of the applicant, it would be appropriate to grant temporary bail to the applicant again for a period of three

months. Without commenting upon the merits of the case, this bail application is allowed and it is directed that applicant â€" Basant S/o Rupnarayan

Rathore shall be released on bail temporarily for a period of three months subject to his furnishing a bail bond of Rs.50,000/- (Rupees Fifty thousand

only) with one local solvent surety in the like amount to the satisfaction of the Trial Court/Committal Court and an undertaking that he will surrender

before the concerned Court immediately after expiry of three months from the date of his release. However, it is stipulated that after being released,

there shall be no threat or any kind of pressure meted out to the complainant party by the applicant or any one from his family. Contraindicatory report

would result in cancellation of bail to the applicant.

A copy of this order be sent to the Court concerned for compliance.

M.Cr.C. No.2401/2021 is allowed and stands disposed of Certified copy as per rules.