Madhya Pradesh High Court
Shiva Solanki @ Shiv Thakur vs The State Of Madhya Pradesh on 7 March, 2022
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 7th OF MARCH, 2022
MISC. CRIMINAL CASE No. 7045 of 2022
Between:-
1. SHIVA SOLANKI @ SHIV THAKUR S/O PRABHAT
SINGH SOLANKI, AGED ABOUT 20 YEARS,
OCCUPATION: STUDENT R/O VILL. SADAGAL TEH.
AND PS KUNDAM DISTT. JABALPUR (MADHYA
PRADESH)
2. ANSHUL VISHWAKARMA S/O MANOJ
VISHWAKARMA, AGED ABOUT 20 YEARS,
OCCUPATION: PRIVATE JOB R/O VILLAGE
SADAFAI TEHSIL AND PS KUNDAM DISTRICT
JABALPUR M.P. (MADHYA PRADESH)
3. MOHIT SONI S/O SHRI GOVIND SONI, AGED
ABOUT 24 YEARS, OCCUPATION: PRIVATE JOB R/O
VILLAGE PS KUNDAM DISTRICT JABALPUR M.P.
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI RAMESH KUMAR SHUKLA, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH P.S.
KUNDAM DISTT. JABALPUR, M.P. (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI VIVEK LAKHERA, GOVERNMENT ADVOCATE)
This application is taken up for hearing and the Court has passed the
following:
ORDER
This is first application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicants, who are in custody since 27.1.2022 in connection with Crime No.307/2021 registered at Police Station Kundam, District Jabalpur for the offence punishable under Section 307/34 of the Indian Penal Code 1860 (for brevity "I.P.C").
Learned counsel for the applicants submits that he is not pressing Signature SAN Not Verified Digitally signed by this bail application as regards the applicant No.1 Shiva Solanki @ Shiv AMIT JAIN Date: 2022.03.08 11:43:59 IST 2 Thakur S/o. Prabhat Singh Solanki as he is the main accused in the present case. However, he submits that the State Authorities be directed to send him in custody for appearing in practical examination for which scheduled is supplied by learned counsel for the applicants and which he undertakes to supply to the Jail Authorities by tomorrow i.e.8.3.2022.
Accordingly, this bail application qua applicant No.1 Shiva Solanki @ Shiv Thakur S/o. Prabhat Singh Solanki is dismissed as withdrawn with liberty to renew the prayer once the victim is examined before the Court of law & with a further liberty that the applicant No.1 shall be taken in custody for appearing in his examination as per schedule.
As far as the applicant No.2 Anshul Vishwakarma S/o.Manoj Vishwakarma & applicant No.3 Mohit Soni S/o.Govind Soni are concerned, there are general & omnibus allegations against them of catching hold of the victim whereas the main allegations are against applicant No.1 Shiva Solanki @ Shiv Thakur. Hence, prayer is made to enlarge the applicant Nos.2 & 3 on bail.
Learned Government Advocate for the non-applicant/State opposes the application.
After hearing counsel for the parties and considering other facts & circumstances of the case and keeping in view the nature of accusation of the applicant Nos.2 & 3, this Court is of the considered opinion that it is a fit case for grant of bail to the applicants. Hence, without commenting anything on merits of the matter, this application is allowed.
It is directed that applicant No.2 Anshul Vishwakarma S/o.Manoj Vishwakarma & applicant No.3 Mohit Soni S/o.Govind Soni shall be released on bail on their furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with two solvent sureties of the like amount each to the satisfaction of the Trial Court to appear before the Court on the dates given by the concerned Court during pendency of trial.
3It is further directed that the applicant Nos.2&3 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.
In view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant Nos.2&3.
Certified copy as per rules.
(VIVEK AGARWAL) JUDGE amit