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Madhya Pradesh High Court

Sonu Prajapati @ Matka vs The State Of Madhya Pradesh on 17 October, 2022

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                            BEFORE
                                              HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                   ON THE 17th OF OCTOBER, 2022

                                            MISC. CRIMINAL CASE No. 46074 of 2022

                                   BETWEEN:-
                                   SONU PRAJAPATI @ MATKA S/O BALARAM
                                   KUMAR PRAJAPATI, AGED ABOUT 26 YEARS,
                                   OCCUPATION: LABOUR HOUSE OF DHEERAJ
                                   SHARMA SALAMATPUR MANDEEP RAISEN
                                   SALAMATPUR    RAISEN   MANDEEP    M.P.
                                   (MADHYA PRADESH)

                                                                                          .....PETITIONER
                                   (BY MR. RAVI SHANKAR SAINI, ADVOCATE)

                                   AND
                                   THE STATE OF MADHYA PRADESH THROUGH
                                   POLICE STATION HANUMANGANJ DISTRICT
                                   BHOPAL M.P. (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                                   (BY MR. Y.D.YADAV, GOVT. ADVOCATE)

                                 This application coming on for hearing this day, the court passed the
                           following:
                                                                ORDER

This is first application under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant.

Applicant has been arrested on 09.02.2022 in connection with Crime No.109/2022 for offence under Sections 394/34, 397 of IPC & section 25(1-B) (B) of Arms Act registered at Police Station-Hanumanganj Bhopal District- Bhopal (M.P.).

Learned counsel appearing for the applicants submitted that applicant is innocent and has falsely been implicated in the case. It is submitted that other Signature Not Verified Signed by: NEETI TIWARI Signing time: 10/18/2022 11:50:32 AM 2 three co-accused persons have already been released on bail by the trial Court. It is submitted that looking to the period of custody and fact that charge-sheet has already been filed, applicant may also be released on bail.

Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that applicant has been identified and further seven cases are registered against the applicant. Cases under M.P. Rajya Suraksha Adhiniyam are also registered against applicant in the year 2021-

22. In the year 2018, two cases under Section 392 has been registered against the applicant. Present cases has also been registered against the applicant under Section 394 & 397 of IPC. In these circumstances, applicant may not be enlarged on bail.

Heard the counsel for the parties.

Considering the act of applicant and his criminal antecedents, application for bail is dismissed.

At this stage, counsel for applicant prays for liberty to file repeat bail application after recording of statement of complainant.

Prayer is allowed.

(VISHAL DHAGAT) JUDGE nd Signature Not Verified Signed by: NEETI TIWARI Signing time: 10/18/2022 11:50:32 AM