Madhya Pradesh High Court
Dhanesh Prasad Dwivedi vs The State Of Madhya Pradesh on 22 November, 2022
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI
ON THE 22nd OF NOVEMBER, 2022
MISC. CRIMINAL CASE No. 54403 of 2022
BETWEEN:-
DHANESH PRASAD DWIVEDI S/O SHRI
HANUMAN PRASAD DWIVEDI, AGED ABOUT 75
YEAR S , OCCUPATION: SENIOR CITIZEN R/O
VILLAGE KESHWAHI, P.S. AND TEHSIL BAHRI
DISTRICT SIDHI (M.P.) (MADHYA PRADESH)
.....APPLICANT
(BY SHRI KAMLESH DWIVEDI, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION BAHRI DISTRICT SIDHI (M.P.)
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI AMIT PANDEY, PANEL LAWYER )
This application coming on for hearing this day, the court passed the
following:
ORDER
This first application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.213/2022 registered at Police Station Bahri, District Sidhi, for the offence punishable under Sections 147, 148, 149, 447, 327 and 329 of the Indian Penal Code.
Learned counsel for the applicant submits that the applicant is in jail since 04.11.2022. He submits that the applicant is aged about 75 years. He submits that the applicant is innocent and has been falsely implicated in the alleged Signature Not Verified Signed by: SATYA SAI RAO Signing time: 11/23/2022 12:37:33 PM 2 offence. He also submits that out of the said fight, a counter case has also been registered against the complainant party. He submits that the applicant has no criminal antecedents. He also submits that the applicant at the time of incident was not present on spot. He submits that the trial would take long time for its final disposal and no custodial interrogation of the applicant is required. Therefore, he prays that considering the aforesaid facts and circumstances of the case, the applicant may be enlarged on bail.
On the other hand, learned Panel Lawyer has opposed the prayer of bail. Considering the arguments advanced by learned counsel for the parties, perusal of case diary and taking into account the applicant's age, I am inclined to enlarge him on bail. Therefore, without commenting anything on the merits of the case, this application is allowed.
It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.
It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
Certified copy as per rules.
(SANJAY DWIVEDI) JUDGE Devashish Signature Not Verified Signed by: SATYA SAI RAO Signing time: 11/23/2022 12:37:33 PM