Madhya Pradesh High Court
Amit Hada vs The State Of Madhya Pradesh on 6 December, 2021
Author: Sujoy Paul
Bench: Sujoy Paul
M.Cr.C. No.57083/2021 1
HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
M.Cr.C. No.57083/2021
Amit Hada v/s The State of Madhya Pradesh
Indore, dated 06.12.2021
Shri Asif Ali Warsi, learned counsel for the applicant.
Shri Sudhanshu Vyas, learned Panel Lawyer for the
respondent / State.
With the consent, finally heard.
This is the third application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.63/2020 registered at Police Station - Mahila Thana, District - Indore for the offence registered under Sections 370, 370(2), 370(3), 370 (4), 370(5), 370(7), 120-B of the Indian Penal Code & Section 81 and 87 of Juvenile Justice Act. The applicant is in custody since 11.09.2020.
Learned counsel for the applicant submits that his previous application, M.Cr.C. No.23815/20212 was dismissed by reserving liberty to renew it after substantial prosecution evidence is recorded. Out of 40 listed prosecution witnesses, only seven have deposed their statements. The applicant is arraigned on the basis of memorandum of Shilpa and Tejkaran @ Bablu prepared under Section 27 of the Indian Evidence Act. The said memorandum has no evidentiary value against the present applicant. The applicant was Receptionist and it is averred that a register is recovered from the applicant. The applicant has no criminal record. Hence, he may be enlarged on M.Cr.C. No.57083/2021 2 bail.
The prayer is opposed by learned Panel Lawyer for the respondent / State. However, he did not dispute that (i) applicant has no criminal record (ii) challan has been filed (iii) arraignment of applicant is solely based on the said memorandum.
Considering the aforesaid, I deem it proper to enlarge the applicant. Accordingly, the bail application is allowed.
The applicant is directed to be enlarged on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance as and when directed. He shall abide by the conditions enumerated under Section 437(3) of the Cr.P.C.
The applicant will attend each hearing of his trial before the trial Court out of which this bail arises. Any default in the attendance in Court would result in cancellation of the bail granted by this Court.
With the aforesaid, the application stands disposed of. Certified copy, as per Rules.
(SUJOY PAUL) JUDGE Ravi Digitally signed by RAVI PRAKASH Date: 2021.12.06 16:59:32 +05'30'