Sanjay @ Rajkumar vs The State Of Madhya Pradesh on 6 July, 2023

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Madhya Pradesh High Court

Sanjay @ Rajkumar vs The State Of Madhya Pradesh on 6 July, 2023

Bench: Anand Pathak

                               1

  IN THE HIGH COURT OF MADHYA PRADESH
              AT G WA L I O R
                             BEFORE
         HON'BLE SHRI JUSTICE ANAND PATHAK
                   ON THE 6th OF JULY, 2023
           MISC. CRIMINAL CASE No. 25867 of 2023

BETWEEN:-
SANJAY @ RAJKUMAR S/O PAPPU @
BALISTAR GURJAR, AGED 30 YEARS, R/O
GRAM BARVASIN PARGANA JOURA,
DISTGRICT      MORENA     (MADHYA
PRADESH)
                                                     .....APPLICANT
(BY SHRI PREM SINGH BHADOURIA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH
THROUGH POLICE STATION DEVGARH,
DISTRICT MORENA (MADHYA PRADESH)
                                                 .....RESPONDENTS
(BY SHRI VIRENDRA PAL- DY. ADVOCATE GENERAL)

      This application coming on for admission this day, the court

passed the following:

                             ORDER

The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 15.11.2022 by Police Station Devgarh, District Morena in connection with Crime No.32/2021 registered for offence punishable under Sections 147, 148, 149, 294, 307 and 326 of IPC.

It is the submission of learned counsel for the applicant that applicant is suffering confinement since 15.11.2022 and charge-sheet has already been filed. This is a case of false implication and as a matter of counter-blast because earlier, applicant side filed a complaint, on which case was registered against the present complainant side vide Crime No. 126/2020 at Police Staion Devgarh, District Morena for offence under Sections 327, 323, 294, 341 and 506 of IPC. Immediately, after one day, on 07.11.2020 another case was registered at the instance of applicant side against the complainant side for offence under Sections 302, 307, 147, 148, 149 of IPC vide Crime No. 127/2020 at Police Station Devgarh. Complainant side killed one of the family members of applicant and now they are trying to exert pressure through this case to compromise earlier matter. He further refers the fact that due to this reason, witnesses are not turning up for deposition and despite this Court gave opportunities to the witnesses to appear. Earlier, Co-ordinate Bench of this Court vide order dated 13.03.2023 passed in MCRC No. 5796/2023 given liberty to applicant to file fresh application in the week commencing 12th of June, 2023. Now, 15 days have passed since then. Confinement since 15.11.2022 amounts to pretrial detention. He undertakes to cooperate in trial/investigation and shall not cause any embarrassment and harassment to the complainant party in any manner and shall not move in their vicinity. Thus, he prayed for bail.

Learned Public Prosecutor opposed the prayer and prayed for dismissal of this application on the ground that applicant bear 3 criminal record of two cases one is of Section 307 and another is of Section 394 of IPC.

Heard learned counsel for the parties at length and perused the case diary.

Considering the submissions, period of custody, attending facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, present application is allowed with certain stringent conditions, especially looking to the mandate of Apex Court in the case of Aparna Bhat Vs. State of M.P. reported in 2021 SCC Online 230, it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

7. The applicant shall not cause any embarrassment and harassment to the complainant party in any manner and shall not move in their vicinity.

8. The applicant shall mark his appearance before the concerned police station on 1 st and 15th of every month between 10.30 am to 2.00 pm till conclusion of trial.

The Station House Officer of the concerned Police Station is directed as follows:-

1. The Station House Officer shall inform the victim about the release of the petitioner/appellant on bail and shall also supply a copy of this bail order to the victim.

2. In case of breach of any of the conditions of this order, the victim shall be free to report the matter to the Station House Officer of the concerned Police Station.

3. On receipt of any such complaint from the victim, the Station House Officer of the concerned police station, in turn, shall inform the Registry of this Court.

4. On receipt of information from the Station House Officer as aforesaid, the Registry of this Court shall list this matter under caption "Directions" before the appropriate Bench.

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Certified copy as per rules/directions.

(Anand Pathak) vishal* Judge Digitally signed by VISHAL UPADHYAY DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, 2.5.4.20=5d5050008f4c040023a64cb030 d9c80d25cbf5f3eb4f56fa864a20db4fbe3 d3e, postalCode=474001, st=Madhya Pradesh, serialNumber=637E939E833627AE8CC13 D85E5F2383A287E83C6CDFA6347A00E4 82772314FE9, cn=VISHAL UPADHYAY Date: 2023.07.07 11:44:45 +05'30'

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