Madhya Pradesh High Court
Gajendra @ Gajju Dodiya vs The State Of Madhya Pradesh on 13 June, 2022
Author: Anil Verma
Bench: Anil Verma
1 MISC. CRIMINAL CASE NoS. 21022 of 2022 & 27169 of 2022
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 13th OF JUNE, 2022
MISC. CRIMINAL CASE No. 21022 of 2022
Between:-
TARUN S/O KAMAL PADIYAR , AGED ABOUT 21 YEARS,
OCCUPATION: LABOR R/O HOMEGUARD COLONY PS STATION
ROAD (MADHYA PRADESH)
.....PETITIONER
(BY SHRI RIZWAN KHAN, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER
THROUGH POLICE STATION MANIK CHOWK (MADHYA
PRADESH)
.....RESPONDENTS
MISC. CRIMINAL CASE No. 27169 of 2022
Between:-
GAJENDRA @ GAJJU DODIYA S/O POONAMCHAND , AGED
ABOUT 25 YEARS, OCCUPATION: LABOUR VILLAGE AMLEA
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI RIZWAN KHAN, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER
THROUG POLICE STATION MANAK CHOWK RATLAM
(MADHYA PRADESH)
.....RESPONDENTS
(BY MS VARSHA THAKUR ) PL
2 MISC. CRIMINAL CASE NoS. 21022 of 2022 & 27169 of 2022
This application coming on for admission this day, the
court passed the following:
ORDER
Applicants have filed these first bail applications under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 43/2022 registered at P.S - .Manak Chouk Ratlam, District- Ratlam (M.P.) for commission of offence punishable under Sections 392, 341, 294, 427, 34 , 395, 397, 120-B of IPC and sections 25 and 27 of the Arms Act.
As per prosecution story, on 01/02/2022, complainanant Piyush Sharma lodged a FIR stating that on 31/01/2022 at about 2.00 pm, when he was returning from Dhar, at that time, his car was intercepted by two vehicles and he was attacked. Some unknown miscreants looted a bag containing Rs. 9,00,000/- from the complainanant and thereafter, they ran awary from the spot. During investigation, it is found that applicant Gajendra has supplied arms to other co-accused persons and applicant Tarun was appointed by the co-accused person for the purpose of doing reiki..
Learned counsel for the applicants contended that applicants are innocent and have been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. On the basis of evidence available on record, no offence is made out against the present applicants. They have been made acused only on the basis of memorrandum of the co-accused persons recorded under section 27 of the Indian Evidence Act, which is not admissible in the eyes of law. Applicant Gajendra is in jail since 11/04/2022 whilce applicant Tarun since 01/02/2022 They are permanent resident of 3 MISC. CRIMINAL CASE NoS. 21022 of 2022 & 27169 of 2022 District- Ratlam. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.
Per-contra, learned PL for respondent - State opposes the bail application and prays for its rejection Perused the impugned order of the trial Court as well as the case dairy.
Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature and gravity of allegation as also taking note of the fact that Rs. 9,00,000/- has been looted in this offence; applicant Tarun has one criminal antecedents as well as in view of the evidence available on record, at this stage, this Court is not inclined to grant bail to the present applicants.
In light of the aforesaid, present applications filed under section 439 of Cr.P.C has no force and are hereby dismissed.
Certified copy, as per Rules.
(ANIL VERMA) JUDGE amol Digitally signed by AMOL N MAHANAG Date: 2022.06.15 12:10:48 +05'30'