Shiv Pratap Singh @ Sonu Tomar vs The State Of Madhya Pradesh on 9 May, 2023

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Madhya Pradesh High Court

Shiv Pratap Singh @ Sonu Tomar vs The State Of Madhya Pradesh on 9 May, 2023

Bench: Deepak Kumar Agarwal

                                                    1
                                IN   THE   HIGH COURT     OF MADHYA PRADESH
                                                 AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                            ON THE 9 th OF MAY, 2023
                                      MISC. CRIMINAL CASE No. 11249 of 2023

                          BETWEEN:-
                          SHIV PRATAP SINGH @ SONU TOMAR S/O SHRI
                          SOBARAN SINGH TOMAR, AGED ABOUT 28 YEARS,
                          OCCUPATION: AGRICULTURIST RESIDENT OF VILLAGE
                          PALI POLICE STATION MAHUA, DISTRICT MORENA
                          (MADHYA PRADESH)

                                                                              .....APPLICANT
                          (SHRI ADITYA SHARMA, LEARNED COUNSEL FOR THE APPLICANT)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION THROUGH POLICE STATION PORSA DISTRICT
                          MORENA (MADHYA PRADESH)

                                                                          .....RESPONDENT
                          (SHRI APS TOMAR- LEARNED COUNSEL FOR THE RESPONDENT-
                          STATE0

                                      MISC. CRIMINAL CASE No. 11147 of 2023

                          BETWEEN:-
                          JEET SINGH @ TONU TOMAR S/O SHRI CHEZ SINGH
                          TOMAR, AGED ABOUT 20 YEARS, RESIDENT OF GRAM
                          PALI MAHUA, DISTRICT MORENA (MADHYA PRADESH)

                                                                              .....APPLICANT
                          (SHRI DINESH SINGH TOMAR, LEARNED COUNSEL FOR THE
                          APPLICANT)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION   THROUGH POLICE STATION     PORSA,
                          DISTRICT MORENA (MADHYA PRADESH)

Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 5/10/2023
11:40:15 AM
                                                            2
                                                                                     .....RESPONDENT
                          (SHRI APS TOMAR- LEARNED COUNSEL FOR THE RESPONDENT- STATE)

                                           MISC. CRIMINAL CASE No. 14568 of 2023

                          BETWEEN:-
                          MUNNA @ AWADHESH SINGH S/O SHRI PARIMAL
                          SINGH TOMAR, AGED ABOUT 22 YEARS, RESIDENT OF
                          GRAM LALAK KI HIGOTIYAI THANA MAHUA, DISTRICT
                          MORENA (MADHYA PRADESH)

                                                                                       .....APPLICANT
                          (SHRI HEMANT SINGH RANA, LEARNED COUNSEL FOR THE
                          APPLICANT)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION THROUGH POLICE THANA PORSA, DISTRICT
                          MORENA (MADHYA PRADESH)

                                                                                     .....RESPONDENT
                          (SHRI APS TOMAR- LEARNED COUNSEL FOR THE RESPONDENT- STATE)

                                 These applications coming on for HEARING this day, the court passed
                          the following:
                                                            ORDER

Aforesaid applications under Section 439 of CrPC have been filed for grant of bail.

In connection with Crime No.19 of 2023 registered at Police Station Porsa, District Morena applicant Shiv Pratap Singh alias Sonu Tomar and applicant Jeet Singh alias Tonu Tomar have been arrested on 13-01-2023 and 06-02-2023 respectively for offence punishable under Sections 394, 506, 34 of IPC and under Section 11/13 of MPDVPK whereas, applicant Munna alias Awadhesh Singh has been arrested on 28-02-2023 for offence punishable under Sections 394, 506, 34 of IPC, Section 11/13 of MPDVPK Act and under Section 25/27 of the Arms Act.

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/10/2023 11:40:15 AM 3

According to prosecution case, on 12-01-2023 at around 07:40 pm complainant Nikhil Gupta lodged a report at Police Station Porsa, District Morena alleging therein that on 09-01-2023 at around 07:00 in the evening he was coming to his house from village Edimalpur to Ambha Road and in his handbag he had kept some clothes, AADHAR card, two account registeres, PAN Card, ATM Card, cash of Rs.25,000/ and one reliance company mobile. When he reached near village Paddupura, from his back three persons on a black colour Deluxe motorcycle bearing registration no.MP-NP-4491 came there and on seeing an isolated place, they snatched his handbag and fled away from spot. On the basis of which, aforesaid Crime was registered. Matter was investigated. From possession of Shiv Pratap Singh alias Sonu, one mobile and Rs.1100/- was seized, from possession of Jeetu Singh alias Tonu Tomar, one motorcycle and Rs.1400/- was seized and from possession of Munna alias Awadhesh Singh, one katta was seized. Applicants were arrested.

It is submitted by learned counsel for the applicants that the applicants have been falsely implicated. Completion of investigation and conclusion of trial will take some time. They are ready to abide by all the terms and conditions which may be imposed by this Court. On such premises, prayed for bail.

Learned counsel for the State opposed the applications and prayed for rejection.

Heard learned counsel for both the parties and perused the case diary. Looking to the aforesaid facts and circumstances of this case, but without commenting upon the merits of the case, this Court is of the opinion that the applications should be allowed and by allowing the applications, it is ordered that if the applicants furnish a cash security of Rs.10,000/- each alongwith a personal bond of Rs.25,000/- (Rupees Twenty Five thousand Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/10/2023 11:40:15 AM 4 only) each to the satisfaction of trial Court, they should be released on bail. They will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.10,000/- each shall be forfeited without giving him any notice.

Applications stand allowed and disposed of.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE MKB Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 5/10/2023 11:40:15 AM

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