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Judgment
Vivek Agarwal, J
Applicant/Rahu Bandre has filed this first bail application under Section 439 of CrPC in connection with Crime No.562/2021 under Sections 436 of
IPC registered at police station Pandurna, District Chhindwara (M.P) and applicant is in custody since 21/11/2021.
Learned counsel for the applicant submits that the investigation is complete and charge sheet has been filed. Applicant is student aged about 21 years.
He has been falsely implicated on account of old family enmity. Placing reliance on spot map, it is submitted that applicant has instruction to submit
that place of incident and farm contained in Survey No. 142/5 where complainant party was working in their field is at distance of about 200 metre.
However it is admitted in the spot map concerned I.O/Patwari have not given any distance between place of incident and place from where incident
was witnessed by the complainant. He could not have been identified from a distance of about 200 metres. On aforesaid grounds prayer is made to
enlarge applicant on bail.
Learned Panel Lawyer for the State opposes the prayer made by learned counsel for the applicant, however admits that this is first offence of
applicant.
Taking into considerations submissions of learned counsel for the parties and the fact that this is first offence of the applicant, investigation is complete
and charge sheet is filed and applicant is in custody since 21/11/2021, this bail application is allowed. It is directed that applicant Rahul Bandre be
released on bail on his furnishing a personal bond to the tune of Rs.50,000/- with two solvent sureties in the like amount to the satisfaction of the
learned Trial Court. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
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