Madhya Pradesh High Court
Babulal vs The State Of Madhya Pradesh on 22 September, 2023
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 22 nd OF SEPTEMBER, 2023
MISC. CRIMINAL CASE No. 42303 of 2023
BETWEEN:-
BABULAL S/O PRABHULAL, AGED ABOUT 40 YEARS,
OCCUPATION: LABOUR GRAM HULKHEDI, P.S. BODA,
TEHSIL NARSINGHGARH, DISTRICT RAJGARH
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI TEJAS VYAS, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION BODA, DISTRICT
RAJGARH (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI H.S. RATHORE, GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
Heard and perused the record.
This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail during trial relating to Crime No. 213/2023 dated 20.07.2023, registered at Police Station-Boda, District-Rajgarh, for the offence under Sections 457 & 380 of I.P.C. The applicant is in custody since 25.07.2023.
0 2 . Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. The applicant is in Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 9/23/2023 12:05:14 PM 2 custody s inc e 25.07.2023. The co-accused persons namely Bhuralal and Bhagwan have already been granted bail vide order dated 31.08.2023 and 13.09.2023 passed in M.Cr.C. No. 38705 and 39876/2023 respectively by this Court. The offence is triable by Judicial Magistrate First Class and final conclusion of trial will take sufficient long time. Under these circumstances, counsel prays for grant of bail to the applicant.
03. Learned counsel for the State has opposed the application and submitted that it is not a fit case for grant of bail.
04. I have heard the learned counsel for the parties and perused the record.
05. Looking to the facts and circumstances of the case and the arguments advanced by the learned counsel for the parties and looking to the fact that the offence is triable by JMFC, without commenting on the merits of the case, this application is allowed.
06. It is directed that the applicant be released on bail on his/her 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/her 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.
07. 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 Bench. Certified Copy as per rules.
Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 9/23/2023 12:05:14 PM 3(PREM NARAYAN SINGH) JUDGE Vindesh Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 9/23/2023 12:05:14 PM