Sameer vs State Of Madhya Pradesh

Vivek Rusia, J

Shri Mohammad Ikram Ansari, Adovcate seeks permission to file memo of appearance.

Permission granted.

Shri Mohammad Ikram Ansari, Advocate is permitted to file memo of appearance during the course of the day.

Heard with the aid of case diary.

This is fourth application filed under Section 439 of Cr.P.C for grant of bail to the applicant in connection with Crime No.619/2020 registered at Police Station Azad Nagar, Indore (M.P.) for commission of offence punishable under Sections 302, 324, 323, 294, 506, 34 of IPC. The applicant is in custody since 02.11.2020.

Earlier first and second bail applications of the applicant were dismissed as withdrawn by this Court vide orders dated 08.06.2021 and 03.12.2021 passed in M.Cr.C. Nos.14447/2021 and 55553/2021 and third bail application was dismissed on merit by this Court vide order dated 07.12.2022 passed in M.Cr.C.No.56750/2022.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. The only allegation against the present applicant is that he called the deceased but the stab injury caused by co-accused Ajay, who was juvenile and at present he is on bail. Other accused who assaulted the deceased by means of fists and leg i.e. Deepak. There is no recovery from the possession of the applicant. Earlier bail application of the applicant was dismissed vide order dated 07.02.2022 as there was a progress in the trial but the same has not been concluded till date. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Learned Govt. Advocate for the respondent/State opposes the bail application.

Considering the facts and circumstances of the case and the fact that trial will take a long time for its conclusion, without commenting anything on the merit of the case, this application is allowed and the applicant is directed to be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety in the like amount to the ssatisfaction of the learned 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.

This application is allowed and stands disposed of.

Certified copy, as per Rules.