Karansingh vs State Of M.P

Vivek Rusia, J

This is Second bail application under Section 439, Cr.P.C. for grant of bail in connection with Crime No.220/2020, Police-Station- Makdone, District-

Ujjain for commission of the offence under Sections 307, 353 of I.P.C. and Section 3 of Prevention of Damage to Public Property Act.

As per prosecution story, when the police was trying to arrest the applicant in some other offence. He fired the gun shot injury and cause substantial

damage to police vehicle. Accordingly, the above has been registered against the applicant.

Learned counsel for the applicant submits that first bail application of the applicant was dismissed because of past criminal antecedents of the

applicant. The applicant is in jail since 29.06.2020 and he has falsely been implicated in the present crime because of his past criminal history. There is

no recovery of country made pistol from the possession of the applicant. On the basis of memorandum under Section 27 of Evidence Act, he has been

made accused.

Learned Panel lawyer opposes the bail application by submitting that the applicant is habitual offender. Hence, bail application may be rejected.

Considering the facts and circumstances of the case but without commenting on the merit of the case, the application is allowed and he is directed to

be released on bail with a condition to deposit Rs. 10,000/- (Rs. Ten Thousands Only) in the CCD as an expenses for repair of police vehicle and upon

his furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousands only) with surety in the like amount to the satisfaction of the Trial

Court for his appearance before that Court during the pendency of trial and shall also abide by the conditions enumerated under section 437(3)

Cr.P.C.

The applicant shall mark his presence before the concerning Police Station in every month as the date fixed by SHO, till the conclusion of trial.

Before releasing the applicant from custody, the jail authorities are directed to medically examine in order to rule out the possibility of COVID -19

infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c as per rules.