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Madhya Pradesh High Court

Sachin Kol vs The State Of Madhya Pradesh on 16 April, 2018

               THE HIGH COURT OF MADHYA PRADESH

                                 MCRC-14387/2018
                          (SACHIN KOL Vs STATE OF MADHYA PRADESH)


Jabalpur, Dated : 16.04.2018
                 Shri Shivraj Kushwaha, learned counsel for the
           applicant.
                 Shri A.N. Gupta, learned Government Advocate for
           the respondent/State.

Heard.

This is first bail application filed on behalf of the applicants under Section 439 of the Code of Criminal Procedure.

The applicant is in custody since 21.3.2018, in connection with Crime No.22/2018 registered at Police Dharkuni, District Satna (M.P.) for the offence punishable under Sections 386, 420, 120-B, 364 of IPC and Section 11/13 of Anti-Dacoity Act.

As per prosecution, on 15.3.2018 in the night at about 12:00 O'clock when the applicant Dinesh and Ramroop Kol were sleeping then 7 to 8 persons came there and took them, accordingly, kidnapped them. Later, on the same date a report was lodged by Kolla Prasad Kol, father of Dinesh. Ramroop Kol is brother-in-law (Behnoi) of Dinesh. Thereafter, some demand has been made from the Kolla Prasad Kol by mobile and later, on his refusal to give money, Dinesh and Ramroop Kol came back. After inquiry, police found that they themselves with the conspiracy of the applicant and others went in the forest showing that they have been kidnapped and due to that the case against them has been registered.

Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated. He is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. On these grounds, learned counsel for the applicant prays for grant of bail to -2- M.Cr.C. No. 14387/2018 the applicant.

Per-contra, learned Government Advocate for the respondent-State opposes the bail application.

After hearing arguments of the parties and looking to the facts and circumstances of the case, I am of the considered view that it would be appropriate to release the applicant on bail, therefore, without commenting on the merits of the case, application of the present applicant, namely, Sachin Kol under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed. It is directed that applicant be released on bail on his furnishing bail bond in the sum of Rs.40,000/- (Rupees Forty Thousand) with one surety of the same amount, to the satisfaction of the JMFC concerned or Trial Court for his appearance before them on the dates given by the concerned Court. It is directed that applicants shall comply the provisions of Section 437(3) of Cr.P.C. Certified copy as per rules.

(H.P. SINGH) JUDGE VK V/ -