Madhya Pradesh High Court
Bhawesh vs The State Of Madhya Pradesh on 30 September, 2022
Author: Anil Verma
Bench: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 30th OF SEPTEMBER, 2022
MISC. CRIMINAL CASE No. 46302 of 2022
BETWEEN:-
BHAWESH S/O LALIT JI DIWEDI,
AGED ABOUT 30 YEARS,
OCCUPATION: UNEMPLOYED
R/O: BICHLAWAAS, RATLAM, DISTRICT
RATLAM (MADHYA PRADESH)
.....APPLICANT
(BY SHRI SANJAY KUMAR SHARMA ADV.)
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
MANAK CHOWK, RATLAM, DISTRICT RATLAM
(MADHYA PRADESH)
.....NON APPLICANT
(BY SHRI VIRAJ GODHA, PL)
MISC. CRIMINAL CASE No. 46022 of 2022
BETWEEN:-
1. KULDIP S/O DINESH JAT,
AGED ABOUT 22 YEARS,
OCCUPATION: LABOUR,
R/O: NAMLI, RATLAM, DISTRICT RATLAM
(MADHYA PRADESH)
2. YASHWANT S/O RAKESH SHARMA, AGED
ABOUT 20 YEARS,
OCCUPATION: LABOUR
R/O: B-5 BALAJI NAGAR, RATLAM (MADHYA
PRADESH)
Signature Not Verified .....APPLICANTS
Signed by: TRILOK SINGH (BY SHRI SANJAY KUMAR SHARMA ADV.)
SAVNER
Signing time: 30-Sep-22
6:43:42 PM
AND
2
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
MANAK CHOWK, RATLAM, DISTRICT RATLAM
(MADHYA PRADESH)
.....NON APPLICANT
(BY SHRI VIRAJ GODHA, PL)
These applications coming on for orders this day, the court passed the
following:
ORDER
Applicants-Bhawesh, Kuldip and Yashwant have filed these first bail application under Section 439 of the Code of Criminal Procedure, 1973. Applicant Bhawesh is in custody since 1.2.2022 and applicants Kuldip and Yashwant are in custody since 3.2.2022 in connection with Crime No.43/22 registered at P.S. - Manak Chowk, Ratlam (M.P.) for commission of offence punishable under Section 392, 341, 294, 427, 34 of IPC.
As per prosecution story, on 01/02/2022, complainant Piyush Sharma lodged a FIR stating that on 31/01/2022 at about 2:00 pm, when he was returning from Dhar, at that time, his car was intercepted by two vehicles and he was attacked. Some unknown miscreants looted his bag containing Rs.9,00,000/- and thereafter they ran away from the spot. During investigation, it is found that co-accused Gajendra has supplied arms to other co-accused persons and co-accused Tarun was appointed by the co-accused person for the purpose of doing reiki. On the basis of the memorandum under Section 27 of the Evidence Act, present applicants have been implicated in this offence. Accordingly, offence has been registered against the present applicants.
Learned counsel for the applicants contended that applicants are innocent Signature Not Verified and have been falsely implicated in this offence. There is no legal evidence Signed by: TRILOK SINGH SAVNER available on record to connect the applicants with the aforementioned offence. Signing time: 30-Sep-22 6:43:42 PM 3 Complainant Priyesh PW-1, Shakil (PW-2) and Bhagar (PW-3) have been examined before the trial Court and they have turned hostile. Complainant Priyesh did not identify any accused in dock identification before the trial Court. Applicant Bhawesh is in custody since 1.2.2022 and applicants Kuldip and Yashwant are in custody since 3.2.2022. There is no apprehension of their fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. Co-accused Sunil has been enlarged on bail by this Court vide order dated 26/08/2022 passed in MCRC no. 39676/2022 and other co- accused Narayan, Pankaj Jaat and Kartik have also been enlarged on bail vide order dated 12.9.2022 passed in MCRC No.43390/2022, 43239/2022 and 43311/2022 by this Court in the similar circumstances, therefore, on the ground of parity, present applicants also deserve for bail.
Per-contra, learned PL for respondent â€" State opposes the bail applications and prays for its rejection by submitting that other witnesses are yet to be examined, however, he fairly admits that no criminal antecedents have been found against the applicants.
Perused the impugned order of the trial Court, the statements of the witnesses as well as the case dairy.
Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that complainant Priyesh PW-1, Shakil (PW-2) and Bhagar (PW-3) have been examined before the trial Court and they have turned hostile, complainant Priyesh did not identify any accused in dock identification before the trial Court, they are in custody since 1.2.2022 and 3.2.2022, co-accused Sunil, Signature Not Verified Narayan, Pankaj Jaat and Kartik have been enlarged on bail by this Court in Signed by: TRILOK SINGH SAVNER Signing time: 30-Sep-22 6:43:42 PM similar circumstances, therefore, on the ground of parity, I deem it proper to 4 release the present applicants on bail.
Accordingly, without commenting on the merits of the case, both the MCRCs are allowed. It is directed that the applicants-Bhawesh, Kuldip and Yashwant be released on bail upon their furnishing personal bond in the sum of Rs.75,000/- each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required. They shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.
It is made clear that if the applicants are again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicants in the present case also. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy, as per Rules.
(ANIL VERMA) JUDGE trilok Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 30-Sep-22 6:43:42 PM