Madhya Pradesh High Court
Tarun vs The State Of Madhya Pradesh on 20 February, 2023
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 20 th OF FEBRUARY, 2023
MISC. CRIMINAL CASE No. 1142 of 2023
BETWEEN:-
TARUN S/O KAMAL PADIYAR, AGED ABOUT 21 YEARS,
OCCUPATION: STUDENT, R/O: HOMEGAURD COLONY,
P. S. STATION ROAD, RATLAM, DIST. RATLAM
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI HIMANSHU BHARGAVA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THRU. P. S. MANAK CHOUK, DIST. RATLAM
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI SANTOSH SINGH THAKUR - DEPUTY GOVERNMENT
ADVOCATE)
This application coming on for hearing this day, the court passed the
following:
ORDER
This is the fifth repeat bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. His earlier first and second bail applications were rejected on merit by this Court vide order dated 13.06.2022 and 07.09.2022 passed in MCRC Nos.21022/2022 and 43076/2022 respectively, and third and fourth bail applications were dismissed by this Court vide order dated 14.10.2022 and 06.12.2022 passed in MCRC Nos. 47416/2022 and 5513/2022 respectively. The applicant is in custody since 03.02.2022 in connection with Crime No.43/2022 registered at Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 21-02-2023 11:06:54 2 Police Station Manak Chouk, District Ratlam (M.P.) for commission of offence punishable under sections 392, 341, 294, 427, 34, 395, 397, 120-B of the Indian Penal Code of 1860.
As per prosecution story, on 01.02.2022, complainant Piyush Sharma lodged an FIR by 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 a bag containing Rs. 9,00,000/- from the complainant and thereafter, they ran away from the spot. During investigation, it has been found that applicant Gajendra has supplied arms to other co-accused persons and applicant Tarun was appointed by the co-
accused person for the purpose of doing reiki. Accordingly, offence has been registered.
Learned counsel for the applicants contended that applicant is innocent and he has been falsely implicated in this offence. Applicant is in custody since 03.02.2022. Investigation is over and charge-sheet has been filed. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Complainant Priyesh (PW-1), Shakil (PW-2) and Bhagar (PW-3) have been examined before the trial Court and have turned hostile. Complainant Priyesh did not identify any accused in Dock Identification Parade before the trial Court. There is no apprehension of his fleeing away from the Court of justice. Co-accused Bhawesh, Kuldip, Yashwant, Kanha and Sunil have also been enlarged on bail by this Court vide order dated 30.09.2022, 30.09.2022, 30.09.2022, 21.11.2022 and 26.08.2022 passed in MCRC Nos.46302/2022, 46022/2022, 46022/2022, 48701/2022 and 39676/2022 respectively and other co-accused Narayan, Pankaj Jaat and Kartik have also Signature Not Verified been enlarged on bail vide order dated 12.9.2022 passed in MCRC Signed by: ANUSHREE PANDEY Signing time: 21-02-2023 11:06:54 3 Nos.43390/2022, 43239/2022 and 43311/2022 by this Court in the similar circumstances, therefore, on the ground of parity, present applicant also deserve for bail.
Per-contra, learned counsel for respondent/State opposes the bail application 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 applicant.
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), Bhagar (PW-3), Giriraj Singh (PW-4) and Govind (PW-5), Moin (PW-6), Pradeep (PW-7) Ghanshyam (PW-
8) and Kamal (PW-10) have been examined before the trial Court and have turned hostile; complainant Priyesh did not identify any accused in Dock Identification Parade before the trial Court; present applicant is in custody since 03/02/2022; co-accused Sunil, Narayanh, Pankaj Jaat and Kartik have also been enlarged on bail by this Court in similar circumstances, therefore, on the ground of parity, I deem it proper to release the accused/applicant on bail.
Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs. 75,000/- (Rs. Seventy Five Thousand only) with one solvent surety each in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.
Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 21-02-2023 11:06:54 4It is made clear that if the applicant is 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 applicant 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 Anushree Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 21-02-2023 11:06:54