(BY SHRI MANOJ CHATURVEDI - ADVOCATE) v. (BY SHRI D.K. PAROUHA - GOVERNMENT ADVOCATE)

(BY SHRI MANOJ CHATURVEDI - ADVOCATE) .....APPLICANT AND THE STATE OF MADHYA PRADESH THROUGH POLICE JABALPUR (MADHYA PRADESH) STATION LORDGANJ (BY SHRI D.K. PAROUHA - GOVERNMENT ADVOCATE) .....RESPONDENTS This application has come up for hearing on this day, the court passed the following: ORDER This is third bail application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant. Earlier two bail applications were dismissed as withdrawn vide orders dated 18.01.2022 and 13.04.2022 passed in MCRC No.63823/2021 and MCRC No.10264/2022. Applicant has been arrested on 30.10.2021 in connection with Crime No.571/2021 for offence under Sections 307, 34 of the Indian Panel Code and Section 25 of the Arms Act registered at Police Station-Lordganj, District- Jabalpur (M.P.). 2 Learned counsel appearing for applicant prays for grant of bail to the applicant on ground of parity.

It is further submitted by him that case of applicant is better than that of co-accused namely Chintu who has been enlarged on bail vide order dated 21.06.2022 passed in MCRC No.21916/2022. Co-accused Chintu is said to have assaulted with a knife on stomach of complainant and as per allegation, applicant had assaulted with hands to the complainant. Applicant is innocent and has falsely been implicated in the case. Applicant is in jail since 30.10.2021. On these ground, he prayed that applicant may be enlarged on bail. Learned Government Advocate appearing for State opposed the application for grant of bail. Heard the counsel for the parties. Applicant is in jail since 30.10.2021 and main accused had already been enlarged on bail. Considering the facts and circumstances of the case, and the period of custody of applicant and completion of trial is likely to take some time, without expressing any opinion on the merits of the case, bail application filed by the applicant is allowed.

It is directed that applicant-Nikku @ Nitin Raikwar be released on bail on furnishing personal bond of Rs.50,000/-(Rs. Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court. The applicant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter; 3 (b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and; (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. C.C. as per rules. (VISHAL DHAGAT) JUDGE SHABANA ANSARI shabana DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=4bc06f2e678b75148b60bb7947ee9ffc5ed27ef1f43a5d4d93d2d13dda510735, pseudonym=B646F86821C200C9792A53984F1D0790135DE39A, serialNumber=8A5E15A33816E651B4DB52BF3225281EF6C191F68E5EBE90A6E101CF42422711, cn=SHABANA ANSARI