Sameer vs The State Of Madhya Pradesh on 5 July, 2023

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Madhya Pradesh High Court

Sameer vs The State Of Madhya Pradesh on 5 July, 2023

Bench: Vijay Kumar Shukla

                                                              1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                             AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                   ON THE 5 th OF JULY, 2023
                                          MISC. CRIMINAL CASE No. 25392 of 2023

                           BETWEEN:-
                           SAMEER S/O LATE SARWAN, AGED ABOUT 27 YEARS,
                           OCCUPATION: BUSINESS HOUSE NO. 34 LUNIYAPURA,
                           DISTRICT INDORE (MADHYA PRADESH)

                                                                                             .....APPLICANT
                           (BY SHRI MAHENDRA KUMAR SHARMA, LEARNED COUNSEL)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION KANADIYA
                           DISTRICT INDORE (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (BY SHRI TARUN PAGARE, LEARNED GOVT. ADVOCATE)

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

This is second application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No. 587/2022 dated (not mentioned) registered at Police Station - Kanadiya, Indore (M.P.) for the offence under Sections 307, 394/34 of IPC. In the first application, he was granted temporary bail for 15 days to attend marriage of his sister.

2) As per the prosecution case, it is alleged that the unknown persons have caused injuries to the victim Satyendra and also committed robbery. No identification parade has been conducted in respect of the present applicant.

Signature Not Verified

Apart from that there is no seizure from the applicant except memorandum Signed by: SOUMYA RANJAN DALAI Signing time: 05-07-2023 17:36:47 2 under Section 27 of the applicant where he has admitted that he had also received Rs. 800/- out of looted amount.

3) Counsel for the State opposes the prayer for grant of bail.

4) After hearing learned counsel for the parties and taking into consideration that the FIR was registered against the unknown persons and the applicant was arrested on 01.03.2023, but no identification in respect of the applicant has been conducted, further there is no seizure of any looted article from the present applicant, the investigation has been completed, the charge- sheet has been filed, he was on temporary bail an did not misuse the liberty, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

5) It is directed that applicant Sameer shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the Ld. Court below.

6) The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

7) A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 05-07-2023 17:36:47 3 concerned. The office is requested to forward a copy of this order to the Ld. Court below.

(VIJAY KUMAR SHUKLA) JUDGE soumya Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 05-07-2023 17:36:47

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Madhya Pradesh High Court