Madhya Pradesh High Court
Rahul @ Chingari vs The State Of Madhya Pradesh on 10 February, 2022
Author: Rajendra Kumar Verma
Bench: Rajendra Kumar Verma
1
IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
ON THE 10th OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 2873 of 2022
Between:-
RAHUL @ CHINGARI S/O SHRI DHULIYA ,
AGED ABOUT 24 YEARS, OCCUPATION:
LABOUR GANESH COLONY, NEAR TAKIYA
MASJID (MADHYA PRADESH)
.....PETITIONER
(BY Ms. A.S.Sengar, Advocate )
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH P.S. G.R.P.
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AJAY GUPTA, P.L. ON BEHALF OF STATE )
(Heard through Video Conferencing)
This MCRC coming on for ADMISSION this day, the court passed
the following:
ORDER
T h i s is first application under Section 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of bail during trial.
T h e applicant is facing trial in connection with Crime No.31/2021, registered at Police Station GRP District Ujjain for the offence punishable under sections 379 and 502 of IPC. The applicant is in custody since 30.10.2021.
At the very outset, learned counsel for the applicant submits that earlier the bail application was filed under the wrong provisions but thereafter, she has cured the defects and filed amended application vide document No.1717/2022.
As per prosecution story, the allegations against the applicant is AMIT Digitally signed by AMIT KUMAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=18db6b55824fa1834dc7e61d06ed3c79 a81bc156ec0309c5245d47a0a52604de, KUMAR pseudonym=713D9BD68EDDADCD6B88DA2B1 BCDCFC0369478F5, serialNumber=62B9B1A094FCDF2F0107E91326 BC51DC9DCF83F25C9D67245FE3BCCFD0F2DB6 7, cn=AMIT KUMAR Date: 2022.02.11 11:05:46 +05'30' 2 that he has committed theft of mobile of the complainant while traveling from Badodra, Gujarat to Bhopal. Hence, the police registered the case against the applicant.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The applicant is in custody since 30.10.2021, charge sheet has been filed and conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.
Learned Panel lawyer has opposed the application by submitting that there is strong criminal antecedents of the applicant.
Looking to the facts and circumstances of the case, on a perusal o f the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.
It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' t h e concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this AMIT Digitally signed by AMIT KUMAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=18db6b55824fa1834dc7e61d06ed3c79a81bc156ec 0309c5245d47a0a52604de, KUMAR pseudonym=713D9BD68EDDADCD6B88DA2B1BCDCFC0369 478F5, serialNumber=62B9B1A094FCDF2F0107E91326BC51DC9DC F83F25C9D67245FE3BCCFD0F2DB67, cn=AMIT KUMAR Date: 2022.02.11 11:06:02 +05'30' 3 Bench.
Certified Copy as per rules.
(RAJENDRA KUMAR (VERMA)) JUDGE amit AMIT Digitally signed by AMIT KUMAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH INDORE, ou=HIGH COURT OF MADHYA PRADESH BENCH INDORE, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=18db6b55824fa1834dc7e61d06ed3c79a81bc15 6ec0309c5245d47a0a52604de, KUMAR pseudonym=713D9BD68EDDADCD6B88DA2B1BCDCFC 0369478F5, serialNumber=62B9B1A094FCDF2F0107E91326BC51DC 9DCF83F25C9D67245FE3BCCFD0F2DB67, cn=AMIT KUMAR Date: 2022.02.11 11:06:18 +05'30'