Madhya Pradesh High Court
Neetu vs The State Of Madhya Pradesh Thr on 17 January, 2018
1
M.Cr.C.1193/2018
Neetu and Anr. v. State of MP.
17.01.2018
Shri Rajeev Pachori Advocate for the applicants.
Shri Vivek Bhargav, learned Public Prosecutor for the
respondent/State.
Appearing counsel for the parties are heard on alleged first bail petition filed u/S. 439 of Cr.P.C in relation to crime no. 348/2017 registered at Police Station Umri District Bhind in reference to offences punishable u/Ss. 427, 336, 294, 506, 34 of the IPC and Sec. 25/27 of Arms Act.
Applicants were arrested on 01.01. 2018 and their bail petition under same provision has already been dismissed by the Special Judge SC/ST Act Bhind vide order dated 4th of January, 2018, whose certified copy is annexed with the bail petition.
It has been contended by the applicant's counsel that they have been falsely implicated in the case as unknown persons have committed offence at the Toll Plaza, Umri, and nothing has been recovered from the applicants and the offence of Sec. 308 of the IPC has been added later on during investigation. Hence, it is prayed that the benefit of the regular bail be given to the applicants.
On the other hand, above mentioned prayer is opposed by the learned public prosecutor on ground that complainant Piyush serving his duty mainly at Toll Plaza, Umri lodged FIR that on 23.12. 2017 at 23--30 hours four persons, whose faces were covered, came at Toll Plaza and after abusing threatened that the Toll Plaza should be closed and miscreants made several air fires and they damaged camera, printer, computer and cash box and 2 M.Cr.C.1193/2018 during investigation, a country made pistol and live cartridges has been seized from co-accused Sonu and previously two other offences were registered at the same Police Station against applicant Neetu Singh, therefore dismissal of the bail petition is prayed.
Considering rival contentions made by counsel for the parties, without commenting on merits of the case as FIR was registered against unknown four persons and in the FIR it was clearly mentioned that miscreants made air fire, at the scene of occurrence and regarding alleged damage to the Toll Plaza, no any loss-memo has been prepared during the investigation, bail petition filed on behalf of the applicants is allowed and it is ordered that on furnishing personal bond for Rs. 40,000/- by each applicant with a solvent surety of the like amount to satisfaction of the CJM, Bhind for their regular appearance before the court concerned on fixed dates with following conditions, they be released on bail:-
(1). Applicants Neetu and Kallu alias Dinesh be released on bail. Each applicant will not commit any offence in future of similar nature.
(2). Each applicant shall not try in any manner to influence the prosecution witnesses of the case.
C.c as per rules.
(Ashok Kumar Joshi)
ar Judge
ABDUR RAHMAN
2018.01.19 11:39:20
+05'30'