Madhya Pradesh High Court
Vineet Choudhary vs The State Of Madhya Pradesh on 18 February, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 18th OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 5734 of 2022
Between:-
1. VINEET CHOUDHARY S/O PYARELAL CHOUDHARY
, AGED ABOUT 27 YEARS, OCCUPATION: STUDENT
VILLAGE BATHIYAKALA, TEH.KOLAGWAN
(MADHYA PRADESH)
2. VIKAS CHOUDHARY S/O SHRI RAMNIWAS
CHOUDHARY , AGED ABOUT 21 YEARS,
OCCUPATION: STUDENT OF DIPLOMA R/O
VILLAGE BATHIYAKALA, TEHSIL KOLAGWAN,
DISTT. SATNA (M.P.) (MADHYA PRADESH)
3. GULSHAN CHOUDHARY S/O SHRI ASHWANI
KUMAR CHOUDHARY , AGED ABOUT 22 YEARS,
OCCUPATION: LABOUR R/O VILLAGE
BATHIYAKALA, TEHSIL KOLAGWAN, DISTT.
SATNA (M.P.) (MADHYA PRADESH)
.....PETITIONER
(BY SHRI T..S.RUPRAH, SENIOR ADVOCATE ASSISTED BY SHRI
UMASHANKAR TIWARI, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
P.S.KOLGAWAN P.S.KOLGAWAN (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI VIJAY KUMAR SHUKLA, PANEL LAWYER)
This application is taken up for hearing and the Court has passed the
following:
ORDER
This is second application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicants, who are in custody since 13.12.2021 in connection with Crime No.1523/2021 registered at Police Station Kolgawan, District Satna for the offence punishable under Sections 195A & 306 read with Section 34 of the Indian Penal Code 1860 (for brevity "I.P.C"). Their first bail Signature SAN Verified Not application (M.Cr.C No.64825/2021) was dismissed as withdrawn vide Digitally signed by AMIT JAIN order dated 10.1.2022 with liberty to renew the prayer once investigation Date: 2022.02.18 17:46:44 IST 2 is complete & charge sheet is filed.
Learned counsel for the applicants submits that applicant are innocent. They have been falsely implicated in this case. Present applicants used to coerce the deceased so as to enter into the compromise in relation to his earlier compliant against the present applicants as a result of which, he committed suicide. There are omnibus allegations against the present applicants & there is no complaint available on record that the present applicants ever coerced the deceased to withdraw his case or to falsely implicate them under the provisions of Scheduled Castes Scheduled Tribes (Prevention of Atrocities) Act. Now the investigation is complete & charge sheet is also filed. No more custodial interrogation is required in the matter. Hence, prayer is made to enlarge the applicants on bail.
Learned Panel Lawyer for the non-applicant/State opposes the application.
After hearing counsel for the parties and considering other facts & circumstances of the case, this Court is of the considered opinion that it is a fit case for grant of bail to the applicants. Hence, without commenting anything on merits of the matter, this application is allowed.
I t is directed that applicant No.1 Vineet Choudhary S/o. Pyarelal Choudhary, applicant No.2 Vikas Choudhary S/o. Ramniwas Choudhary & applicant No.3 Gulshan Choudhary S/o. Ashwani Kumar Choudhary shall be released on bail on their furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with two solvent sureties of the like amount each to the satisfaction of the Trial Court to appear before the Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicants shall comply with the provisions of Section 437(3) of the Cr. P. C. This order shall be effective till the end of the trial, however, in case 3 of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
In view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
Certified copy as per rules.
(VIVEK AGARWAL) JUDGE amit