High CourtsSingle Bench(2023) 04 MP CK 0024

Luvkush Shrivas vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 5 April 2023

HON’BLE JUDGES
Atul Sreedharan, J
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 12250 Of 2023

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Judgment

6 paragraphs · 257 words

Atul Sreedharan, J

This is first application moved under Section 439 of the Cr.P.C. for grant of bail by the applicant - Luvkush, in connection with Crime No. 83/2023, dated 27/2/23 registered at Police Station - Dehat District- Bhind for the offence punishable under Section 307 of IPC.

The applicant is in judicial custody since 27/3/2023 in the aforementioned case. The allegation against him is of attempt to commit murder. He stated to have fired at the complainant, who suffered injury on the non-vital part of his body (below the knee of left leg). Learned counsel for the applicant submits that the site of the injury itself is suggestive that there was no intention to cause the death of victim but only to cause pain to him. The x-ray report also suggest that it is a clean injury and there is no fracture of the bone.

Under the circumstances, learned counsel for the applicant submits that case may be of only one under Section 324/325 of IPC.

Be that as it may. Looking at the facts and circumstances of the case and what has been argued and considered hereinabove and the period of incarceration undergone by the application, without commenting on the merits of the case, the application is allowed and it is directed that the applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of the learned trial Court.

C.C. as per rules.