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Judgment
J. P. Gupta, J
This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed for grant of bail to the applicant who has been
arrested on 19/06/2020 in connection with Crime No.215/2020 for offences registered under Sections 302, 147, 148, 149 of IPC, police station Orcha
Road, District Chhatarpur.
Allegation against the applicant/accused is that he along with other accused person being a member of unlawful assembly with common object to
cause murder of one Puran assaulted the deceased with lathi and caused his death.
Learned counsel for the applicant submitted that applicant is innocent and he is in custody since 19/06/2020. During the trial all material witnesses
have been examined and they have not supported the prosecution version. and completion of trial will take time. The applicant has no criminal
antecedent. In the circumstances, the applicant's further custody is unwarranted. Hence, learned counsel for the applicant has prayed that the
applicant/accused be released on bail.
Learned PL for the respondent/State has opposed the application and prayed for its rejection.
Having considered all facts and circumstances of the case, in view of this Court the applicant is entitled to get benefit of bail. Hence without
commenting anything on the merits of the case, this application is allowed. It is ordered that the applicant Chainu Kushwaha be released on bail on his
furnishing a personal bond for the sum of Rs.40,000/- (Rs.Fourty Thousand only) with a solvent surety in the like amount to the satisfaction of the trial
court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions
enumerated in sub-section (3) of Section 437 of Cr.P.C
Certified copy as per rules.