Madhya Pradesh High Court
Mahesh vs The State Of Madhya Pradesh on 29 November, 2023
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 29 th OF NOVEMBER, 2023
MISC. CRIMINAL CASE No. 40036 of 2023
BETWEEN:-
DIRGHESH @ GOLU TRIVEDI S/O KESHAV TRIVEDI,
AGED ABOUT 41 YEARS, OCCUPATION: BUSINESS 116,
SARVODAYA NAGAR DIST. DEWAS (MADHYA
PRADESH)
.....APPLICANT
(SHRI NILESH DAVE, LEARNED COUNSEL FOR THE APPLICANT.)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION KOTWALI, DIST.
DEWAS (MADHYA PRADESH)
.....RESPONDENTS
(SHRI VIRAJ GODHA, LEARNED P.L. FOR THE STATE.)
MISC. CRIMINAL CASE No. 40708 of 2023
BETWEEN:-
KRISHNAPAL SINGH S/O SHRI ARJUN SINGH PANWAR,
AGED ABOUT 26 YEARS, OCCUPATION: AGRICULTURE
R/O H.NO. 28 GRAM MUDKA PATLAWAD TEHSIL
DEWAS (MADHYA PRADESH)
.....APPLICANT
(SHRI VIKAS JAISWAL, LEARNED COUNSEL FOR THE APPLICANT.)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION KOTWALI DISTT.
DEWAS (MADHYA PRADESH)
.....RESPONDENTS
Signature Not Verified
Signed by: AJIT
KAMALASANAN
Signing time: 01-12-2023
10:31:29
2
(SHRI VIRAJ GODHA, LEARNED P.L. FOR THE STATE.)
MISC. CRIMINAL CASE No. 49631 of 2023
BETWEEN:-
MAHESH S/O RAMLAL, AGED ABOUT 45 YEARS, R/O
GRAM DINKA THANA MOHANBADODIYA DISTT.
SHAJAPUR (MADHYA PRADESH)
.....APPLICANT
(SHRI SHAHID SHAIKH, LEARNED COUNSEL FOR THE APPLICANT.)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION KOTWALI DISTT.
DEWAS (MADHYA PRADESH)
.....RESPONDENTS
(SHRI VIRAJ GODHA, LEARNED P.L. FOR THE STATE.)
These bail applications coming on for admission this day, th e court
passed the following:
ORDER
Heard with the aid of case diary.
M.Cr.C. No.49631/2023 and M.Cr.C. No.40036/2023 are first applications and M.Cr.C. No.40708/2023 is repeat second bail application filed under Section 439 of Cr.P.C. for grant of bail to the applicant, in connection with FIR/Crime No.717/2023, Date:-(Not mentioned) registered at P.S.-Kotwali, District-Dewas (M.P.) for commission of offence punishable under Sections 370, 370-A, 342 of the IPC & Sections 3, 5 and 7 of Immortal Traffic Prevention Act.
2. First bail application of applicant- Krishnapal Singh was dismissed on merits vide order dated 27.07.2023 passed in M.Cr.C. No.32566/2023.
3. Prosecution story, in brief is that, on 11/07/2013 a secret information was received at P/S Kotwali, Dewas that accused Dirghesh @Golu Trivedi is Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 01-12-2023 10:31:29 3 running a brothel in "Hotel Garam Masala" situated in Kakade Market bus stand Dewas by outsourcing girls. After completing other formalities, the police force proceeded towards the aforesaid hotel and raided at 05:30 PM on the same day. It was found that there was a big hall, 3 rooms and a kitchen in the hotel. All the rooms were closed from inside. The accused Dirghesh @Golu was sitting on the counter of the hotel. Accused persons Shyam and Sumer were sitting on a sofa which was nearby the counter. Doors of all the 3 rooms were made open. Accused Mahesh was found in the first room, accused Bhagwan Singh in the second room and accused Krishnapal was found in third room, alongwith 1 woman in each room in naked and semi-naked state. Kitchen was made open, where 5 women were found. Accused Dirghesh @Golu was searched and Rs. 700/- cash was recovered. A QR code, a mobile phone which was used to call the customers, 32 condoms, 75 oil capsules, Rs.3,300/- cash were recovered from his counter. Mobile phones, cash, and other materials were also recovered from the accused persons. Co-accused Nitu Kushwah disclosed that by inducing women for money she used to bring them to the hotels for which accused Dirghesh @Golu used to give her commission. An FIR was lodged on the same day against applicant and other co-accused persons.
4. Learned counsel for the applicant/ accused Krishnapal submits that, after dismissal of 1st bail application of applicant on merit, chargesheet has been filed. No further custodial interrogation is required. Two prosecution witnesses have been examined before the trial court. They have completely turned hostile and have not supported the case of prosecution. Conclusion of trial will take considerable long time for its disposal. Therefore, on the basis of changed circumstances, it is prayed that the applicant be released on bail.
Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 01-12-2023 10:31:29 45. Learned counsel for the applicants/ accused Dirghesh @Golu and Mahesh submitted that they have not committed the offence and have falsely been implicated in the case. The applicants are in custody since 11/07/2023. As per allegation, no offence is made out u/s 370 and 370-A of IPC. It is also submitted that the applicant Mahesh is 45 years old and is seriously ill. Conclusion of trial will take long time. Therefore, it is prayed that the applicants be released on bail.
6. On other hand learned counsel for the state/ non-applicant has opposed the prayer and submits that other material witnesses are yet to be examined before the trial court. Therefore, examination of only two prosecution witnesses who have not supported the case of prosecution., the applicants are not entitled for bail. The offence is grievous in nature. Therefore, bail application of the applicants are liable to be rejected.
7. Having heard learned counsel for the parties, perused the case-diary also considering the facts and circumstances of the case, in view of this court, it is not a fit case to grant bail to the applicants. Resultantly, applications for bail are rejected.
(PRAKASH CHANDRA GUPTA) JUDGE ajit Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 01-12-2023 10:31:29