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Judgment
The applicant has filed this first application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 14-10-2019 in
connection with Crime No.173/2019 registered at Police Station, Ater, District Bhind, for the offence punishable under Sections 307, 294, 147, 148,
149 of IPC and Sections 25/27 of the Arms Act.
It is the submission of learned counsel for the applicant that false case has been registered against him and as a counter blast this device has been
adopted by the complainant party to exert pressure over the applicant as he is one of the witnesses in a case registered at the instance of Murarilal
Jatav vide Crime No.115/2019 at police Station, Ater, Distt. Bhind and instant case is also a case consisting of cross FIRs and applicant filed
complaint on which FIR has been registered vide Crime No.172/19 and in retaliation thereof, complainant also filed complaint on which subsequently
FIR has been registered vide Crime No.173/2019. It is further submitted that in the case vide Crime No.172/2019 wherein applicant is also
complainant, he sustained gunshot injury over his side arm and medical report confirms the said fact. Confinement since 14.10.2019 amounts to pre-
trial detention and on false pretext he is suffering incarceration. Complainant party has long list of criminal record to their discredit, and therefore, they
are exerting pressure to settle the matter instituted earlier as referred above. He undertakes to cooperate in investigation/trial and would not be a
source of embarrassment/harassment to the complainant party in any manner. He undertakes to perform community service.
Learned Panel Lawyer for the State opposed the prayer and prayed for dismissal of the application.
Considering the submissions advanced, looking to the facts and circumstances of the case, but without commenting on the merits of the case, the
application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety of the like amount to the satisfaction of Trial Court concerned.
This order will remain operative subject to compliance of the following conditions by the applicant:-
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Certified copy as per rules.