Madhya Pradesh High Court
Bhagwan Verma vs The State Of Madhya Pradesh on 14 September, 2022
Author: Pranay Verma
Bench: Pranay Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 14th OF SEPTEMBER, 2022
MISC. CRIMINAL CASE No. 43475 of 2022
BETWEEN:-
BHAGWAN VERMA S/O SHRI JAGDISH VERMA,
AGED ABOUT 28 YEARS, OCCUPATION:
LABORER GRAM MARDANA, BEDIYA DISTRICT
KHARGONE (MADHYA PRADESH)
.....APPLICANT
(BY SHRI DEEPAK KUMAR RAWAL, ADVOCATE )
AND
THE STATE OF MADHYA PRADESH STATION
HOUSE OFFICER THROUGH POLICE STATION
BEDIYA DISTRICT KHARGONE (MADHYA
PRADESH)
.....RESPONDENT
(BY MRS. MRADULA SEN, PANEL LAWYER )
This application coming on for admission this day, the court passed the
following:
ORDER
1. This is a First application under Section 439 of Criminal Procedure Code, 1973. The applicant is implicated in connection with Crime No.21/2022 registered at Police Station Bedia, District Khargone (MP) for offence punishable under Section 379 of the IPC and Sections 4 and 21 of the Mines and Minerals Act and Sections 77, 177, 146 and 196 of the Motor Vehicle Act. The applicant is in custody since 02.02.2022.
2. As per the prosecution, on 28.01.2022, at about 3.30 p.m., on the basis of a secret information received the Police party reached Katoraphata Kasravad Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 21-09-2022 11:03:49 2 Road, Bedia and apprehended the applicant while he was transporting illegal sand in his tractor trolly. From the spot the applicant left the tractor trolly and ran away which were thereafter confiscated along with the illegal sand. During investigation, on the basis of memorandum of the present applicant, the registration Certificate of the tractor was recovered from co-accused Mahesh Verma and he was found to be the owner of the same. On the basis of the recovery of the illegal sand made from the tractor trolly being driven by the present applicant, he has been implicated and arrested for the present offence.
3. Learned counsel for the applicant submits that he was not in any manner involved in the illegal transportation of sand. He was carrying out the work of transportation on the instructions of the co-accused Mahesh Verma. He has not been apprehended on the spot. The implication of the applicant is solely on the basis of suspicion and there is no concrete material available against him to show that he was driving the tractor and trolly. Investigation has been completed and chargesheet has been filed and the offence is triable by Magistrate and further custodial interrogation of the applicant is not required who has remained in custody since 02.02.2022. Co-accused Mahesh Verma has already been enlarged on bail by this Court by order dated 02.09.2022 in M.Cr.C. No.41898/2022. On such grounds prayer for grant of bail to the applicant has been made.
4. The aforesaid prayer has been opposed by the learned counsel for the respondent/State submitting that in view of the allegations levelled against the applicant he is not entitled to be released on bail.
5. I have heard learned counsel for the parties and have perused the case diary. The applicant is stated to be driving the tractor trolly at the time when the same was confiscated. However, the applicant has not been apprehended on the Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 21-09-2022 11:03:49 3 spot. There does not appear to be any direct evidence of the applicant driving the tractor and trolly. In any case he is stated to have been only the driver of the same and was carrying out the work of transportation on instructions of co- accused Mahesh Verma, who has already been enlarged on bail by this Court by order dated 02.09.2022 in M.Cr.C. No.41898/2022. Investigation has been completed and chargesheet has been filed and the offence is triable by Magistrate and further custodial interrogation of the applicant is not required who has remained in custody since 02.02.2022 and the possibility of trial taking a long time for its conclusion cannot be ruled out. Thus, in my opinion, the applicant deserves to be released on bail.
6. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to be released on bail upon furnishing a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during trial with a condition that he 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.
7. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(PRANAY VERMA) JUDGE ns Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 21-09-2022 11:03:49 4 Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 21-09-2022 11:03:49