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Judgment
Satyendra Kumar Singh, J
This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested in connection with Crime
No.638/2021, registered at Police Station - Jivajiganj, District Ujjain (M.P.) for commission of offence punishable under Section 124-A, 153-A, 188,
505(2) and 34 of IPC.
Prosecution story, in brief, is that on 19.08.2021 at about 22:15 PM applicant along with other co-accused persons made anti-national slogans during
Muharram procession.
Learned counsel for the applicant submits that S.I. Pramod Bhadoriya in his complaint did not mention the name of the applicant. Independent witness
Akhilesh Sharma in his statement recorded under Section 161 of Cr.P.C. has also not mentioned name of the applicant. Applicant has falsely been
implicated in the matter. He is in custody since 20.08.2021. Trial will take time for its conclusion, therefore, prayer is made to enlarge the applicant on
bail.
Learned counsel for respondent/State opposed the application and submitted that in the video clipping of the incident applicant was identified as one of
the accused in the crime. Offences alleged against him are serious in nature. He is habitual offender, therefore, he is not entitled for bail.
Having considered the rival submissions and fact that applicant's name has not been mentioned in the FIR, details of his criminal antecedents have also
not been filed, charge sheet has been filed in the matter, therefore, considering the other facts and circumstances of the case, this Court is of the view
that the applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.
It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand
Only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as
may be fixed in this behalf by the trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section
437 (3) of Cr.P.C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/guidelines issued by
the Government with regard to COVID-19 before releasing the applicant.
This M.Cr.C. stands allowed and disposed of.
Certified copy as per rules.