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Judgment
Vivek Rusia, J
This is first application filed under Section 439 of Cr.P.C. by the applicant â€" Shahrukh S/o. Rafik Khan, who is in custody since 20.10.2020 in
connection with Crime No.546/2020 registered at Police Station Azad Nagar, District Indore for the offence punishable under Section 294, 323, 324,
506, 307 of the IPC and u/s. 25 of the Arms Act.
As per the prosecution story, on 28.9.2020 near about at 12 in the night the applicant is said to have assaulted the complainant by means of knife.
Initially, offence u/s. 294, 323, 324 and 506 of IPC was registered against the applicant, but later on, on the basis of query report, offence u/s. 307 of
IPC has been added.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. The challan has been filed and no custodial
interrogation is required. He is in jail since 20.10.2020 and there is no progress in the trial. He is a youth of 20 years of age and his custody with
hardened criminals for a longer period would spoil his future. He, therefore, prayed for grant of bail to the applicant.
Learned Panel Advocate appearing for the respondent/State opposes the prayer by submitting that the knife has been recovered from the present
applicant and, therefore, offence u/s. 25 of the Arms Act has also been added.
In view of the aforesaid facts and circumstances of the case, without further commenting anything on the merits of the case and looking to the young
age of the applicant, it would be appropriate to enlarge the applicant on bail.
Accordingly, 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.40,000/- (Rupees Forty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his regular appearance before
the trial Court during the trial with a condition that he shall remain present before the court concerned during the trial and shall also abide by the
conditions enumerated under Section 437(3) Cr.P.C.
Before releasing the applicant from custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID -19
infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.C. as per rules.