Madhya Pradesh High Court
Manish Chouhan vs The State Of Madhya Pradesh on 21 June, 2023
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 21 st OF JUNE, 2023
MISC. CRIMINAL CASE No. 23720 of 2023
BETWEEN:-
MANISH CHOUHAN S/O SHRI KANCHAN SINGH
CHOUHAN, AGED ABOUT 18 YEARS, OCCUPATION: NIL
03/17 RAHUL GANDHI NAGAR BEHIND OF LASUDIYA
POLICE STATION DISTRICT INDORE (MADHYA
PRADESH)
.....APPLICANT
(SHRI VIKAS GUPTA, LEARNED COUNSEL FOR THE APPLICANT)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION LASUDIYA
DISTRICT INDORE (MADHYA PRADESH)
.....RESPONDENTS
(SHRI HEMANT SHARMA, LEARNED GOVT.ADVOCATE FOR THE
RESPONDENT/STATE)
This application coming on for hearing this day, the court passed the
following:
ORDER
This is first bail application filed by the applicant under Section 439 of Cr.P.C. in connection with FIR/Crime No.656/2023 registered at Police Station, Lasudiya, District Indore (MP) for offence punishable under Section 399, 402 of IPC and under Section 25 of Arms Act.
A s per prosecution case, on 17.5.2023 the present applicant and co- accused persons Golu, Pankaj, Ramjan and Ajay were preparing plan to commit dacoity at petrol pump in scheme No.114, Indore. The Police has arrested the Signature Not Verified Signed by: SHAILESH PATIL Signing time: 6/22/2023 10:18:36 AM 2 present applicant and co-accused persons. At the same time Police has recovered a bag from the present applicant and Police has also recovered iron rod, red chilly power, screw driver and knife from the co-accused persons.
Learned counsel for the applicant submits that applicant is innocent and has not committed offence. He has falsely been implicated. After completion of investigation charge sheet has been filed. He is in custody since 18.5.2023. Trial will take sufficient long time for its disposal, therefore, it is prayed that the present applicant be released on bail.
Learned Government Advocate for the respondent/State has objected the prayer and submits that applicant has criminal past, therefore, no case for grant of bail is made out.
Heard learned counsels for both the parties and perused the case diary. Having considered the rival submissions and on perusal of the case diary, looking to the facts and circumstances of the case coupled with the fact that after investigation charge sheet has been filed and final conclusion of the trial is likely to take sufficient long time, without commenting anything on the merits of the case, the application is hereby allowed.
T h e applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
Certified copy as per rules.
Signature Not Verified Signed by: SHAILESH PATIL Signing time: 6/22/2023 10:18:36 AM 3(PRAKASH CHANDRA GUPTA) JUDGE patil Signature Not Verified Signed by: SHAILESH PATIL Signing time: 6/22/2023 10:18:36 AM