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Judgment
Anjuli Palo, J
This is first bail application under Section 439 of the Cr.P.C. filed on behalf of the applicant who is in custody since 17.02.2021 in connection with Crime No.07/2021 registered at Police Station Rampur Gurra, District Hoshangabad for offence punishable under Sections 147, 148, 149, 323 and 394 of the I.P.C.
As per the prosecution case, on 26.01.2021 at about 2.00 pm when the complainant along with his companion went to Tava river for loading sand and checking the way, at that time, they saw some local villagers were putting pipe and damaging the road. When they tried to stop them, the applicant along with Siyaram, Basant and others all are assaulted Raghvendra, Harimohan and Akash by lathi, hand and fist and looted a licensed revolver of 32 Bore from Harimohan Tomar. In the aforesaid incident, complainant along with others sustained injuries. Thereafter, on the report of complainant, police lodged FIR against the accused persons under Sections 147, 148, 149, 323 and 394 of the I.P.C.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. There is no specific allegation against the applicant. The applicant is in custody since 17.02.2021. The trial would take considerable time to conclude, therefore, the applicant may be released on bail.
Learned Panel Lawyer for the State has strongly opposed the bail application.
Looking to the facts and circumstances of the case and the role attributed to the applicant, I deem it appropriate to release the applicant on bail, therefore, without commenting on the merits of the case, the application is allowed.
The applicant shall comply with the provisions of Section 437 (3) of the Cr.P.C.
Accordingly, the application is allowed and disposed of.