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Madhya Pradesh High Court

Shahisram vs The State Of Madhya Pradesh on 13 March, 2023

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 13 th OF MARCH, 2023
                                                      MISC. CRIMINAL CASE No. 10885 of 2023

                                        BETWEEN:-
                                        SHAHISRAM S/O GYAN SINGH, AGED ABOUT 30 YEARS,
                                        OCCUPATION: LABORER RESIDENCE VILLAGE FITARI
                                        POLICE STATION SAMNAPUR DISTRICT DINDORI
                                        (MADHYA PRADESH)

                                                                                                       .....APPLICANT
                                        (BY SHRI GIRISH KUMAR RAO - ADVOCATE)

                                        AND
                                        THE STATE OF MADHYA PRADESH THROUGH POLICE
                                        STATION SAMNAPUR DISTRICT DINDORI DISTRICT
                                        DINDORI (MADHYA PRADESH)

                                                                                                    .....RESPONDENTS
                                        (BY SHRI VIVEK LAKHERA - GOVERNMENT ADVOCATE)

                                              This application coming on for admission this day, the court passed the
                                        following:
                                                                           ORDER

This fourth bail application is filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant, who is in custody since 23.12.2021 in connection with Crime No.605/2021 registered at Police Station Samnapur, District Dindori (M.P.) for the offence punishable under Sections 363, 366, 370(5), 34 of IPC and Sections 75, 79, 84 of Juvenile Justice (Care and Protection of Children) Act, 2015.

It is submitted that earlier bail applications were dismissed as withdrawn vide order dated 28.2.2022 in M.Cr.C.No.7227/2022, order dated 16.6.2022 in Digitally signed by ASHWANI PRAJAPATI Date: 2023.03.13 17:43:24 IST 2 M.Cr.C.No.19613/2022 with liberty to renew prayer after material prosecution witnesses are examined in the Court of law, and order dated 18.1.2023 in M.Cr.C.No.198/2023.

It is submitted by the learned counsel for the applicant that Chatur Singh, father of Deep Singh, Deep Singh S/o Chatur Singh, Phool Singh S/o Kunwar Singh, Veer Singh S/o Bhaglu, father of Ashok Kumar, Ashok Kumar S/o Veer Singh, Heeralal S/o Hariram, father of Ganesh, Meghan Singh S/o Sukh Singh, Dharam Singh S/o Ramlu Singh, Sukh Singh S/o Ramlal, Bhaiyalal S/o Chimthu and Baisakhu S/o Bigru have been examined before the trial Court. None of these witnesses have said anything against the present applicant. It is further submitted that the applicant is custody since 23.12.2021 and trial is going to take time for its conclusion, Hence, prayer is made to enlarge the applicant on bail.

Shri Vivek Lakhera, learned Government Advocate for the State opposes the prayer for grant of bail. However, he is not in a position to demonstrate from the case diary that what efforts were made by the Investigating officer to collect correct date of birth of the victims to show that they were minor at the time of incident.

He further submits that some of the Aadhar cards have been collected but is not in a position to answer the query of this Court that when registration of birth and death is mandatory then what action is taken against the authorities of the concerned village, namely, Village Ajwar Saila Tola, Police Station Samnapur, District Dindori for not registering the births and deaths properly and maintaining the record.

There is no material on record to show that these persons were forcefully Digitally signed by ASHWANI PRAJAPATI Date: 2023.03.13 17:43:24 IST taken to Bangalore or have said in unequivocal terms that they were taken to 3 Karnataka and some were given work of harvesting of sugarcane and police had brought them back to the village. They all have admitted that they had not lodged any report against any person.

Taking these facts into consideration and also the fact that the applicants are in custody since 23.12.2021 and trial is going to take time, prosecution witnesses have not said anything against the present applicant and there is no criminal history of the present applicant, without commenting anything on merits of the case, this bail application is allowed.

It is directed that applicant- Shashiram be released on bail on his furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousands only) with two solvent sureties in the like amount to the satisfaction of the learned Trial Court for his appearance before the said Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant 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 of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE A.Praj.