Madhya Pradesh High Court
Deenanath Gupta vs The State Of Madhya Pradesh on 2 June, 2020
Author: Vishnu Pratap Singh Chauhan
Bench: Vishnu Pratap Singh Chauhan
1 MCRC-7605-2020
The High Court Of Madhya Pradesh
MCRC-7605-2020
(DEENANATH GUPTA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 02-06-2020
(Heard through video conferencing)
Shri D.S. Dubey, learned counsel for the applicants.
Shri Prakash Gupta, learned Panel Lawyer for the respondent/State.
Heard on this first application filed by the applicants under Section 439 of Code of Criminal Procedure for grant of bail.
The applicants are in jail since 15-01-2020 and 17/01/2020 respectively in connection with Crime No.281/2019, registered at Police Station-Mauganj, District-Rewa for offence under Sections 307 read with Section 34 of IPC and Sections 25/27 of Arms Act.
The case of the prosecution, in short, is that, the victim who was a member of a raiding party, seized corex syrup and thereafter, left the police party to the police station and returned with his vehicle to wash it on the bank of a river. At that time, the applicants along with other co-accused persons came over there for taking revenge. On seeing the accused persons, the victim tried to fled away from the spot. It is alleged against the applicants that they came on spot with lathi and danda, however, co-accused-Manish Singh had opened fire upon victim but the victim anyhow saved himself and lodged a report at Police Station-Mauganj, District-Rewa, which was registered at c r ime No.281/2019. The applicant were arrested on 15-01-2020 and 17/01/2020 respectively and since then they are in jail.
Learned counsel for the applicant submits that the applicants have falsely been implicated in the case. It is further submitted by him that main accused-Manish Singh who opened fired upon the victim has been enlarged on bail by this Court vide order dated 26/5/2020 passed in M.Cr.C. No.7358/2020, thus, a prayer is made to enlarge the applicant on bail on the ground of parity. After investigation, charge-sheet has been filed and the applicants are not required for any further investigation. Trial will take Digitally signed by TULSA SINGH Date: 02/06/2020 15:48:37 2 MCRC-7605-2020 considerable time for its disposal. In such circumstances, it is prayed that the applicants be enlarged on bail.
O n the other hand, learned Government Advocate for the respondent/State fairly concedes that main accused-Manish Singh has been enlarged on bail by this Court.
Having heard the learned counsel for the parties and considering the fact that the main accused-Manish Singh has been enlarged on bail by this Court and also considering the fact that applicants are not required for any investigation, this Court is of the view that on the ground of parity, the application is allowed.
It is directed that applicants- Deenanath Gupta and Firoj Khan shall be released on bail on their furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount each to the satisfaction of the trial Court, for their regular appearance before the trial Court with a condition that they shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the applicant.
Certified copy as per rules.
(VISHNU PRATAP SINGH CHAUHAN) JUDGE ts Digitally signed by TULSA SINGH Date: 02/06/2020 15:48:37