Madhya Pradesh High Court
Ravi Choudhari vs The State Of Madhya Pradesh on 12 October, 2023
Author: Anil Verma
Bench: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 12 th OF OCTOBER, 2023
MISC. CRIMINAL CASE No. 45099 of 2023
BETWEEN:-
RAVI CHOUDHARI S/O SHANKARLAL CHOUDHARI,
AGED 30 YEARS, OCCUPATION - AGRICULTURE, R/O
VILLAGE RINGNOD, TEHSIL SARDARPUR, DISTT. DHAR
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI VIKARAM SINGH BULE - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION KOTWALI, DISTT.
DHAR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI SURENDRA GUPTA - GOVT. ADVOCATE)
MISC. CRIMINAL CASE No. 44169 of 2023
BETWEEN:-
MANOJ S/O LAKHAN, AGED ADULT, OCCUPATION - N.A.
R/O GRAM TAJPUR, DISTT. AND DISTRICT DHAR
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI SIDDHARTH JAIN - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION KOTWALI, DHAR
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI SURENDRA GUPTA - GOVT. ADVOCATE)
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 10/13/2023
10:34:00 AM
2
These applications coming on for admission this day, the court passed
the following:
ORDER
These are the first applications filed by the applicants under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No.662/2023 registered at Police Station Kotwali, District Dhar (M.P.) for the offence under Sections 456, 295-A, 153-A and 34 of the Indian Penal Code, 1860 and Section 16 and 30 of Ancient Monuments and Archaeological Sites and Remains Act, 1958. The applicant Ravi is in custody since 12/09/2023 and applicant Manoj is in custody since 13/09/2023.
2. As per prosecution story, on 10/09/2023 Conservation Assistant, ASI Prashant Patankar submitted a written complaint at Police Station Kotwali stating that some unknown persons have entered the Bhojshala and Kamal Maula Masajid, situated at Goushala, Dhar which comes under ASI by breaking lock of back gate and attempted to install an idol. They have caused prejudice to the communal harmony in the society. On the basis of the memorandum under Section 27 of the Evidence Act, present applicants have been implicated in this offence. Accordingly, offence has been registered against the applicants.
3. Learned counsel for the applicants submit that the applicants are innocent persons and they have been falsely implicated in this offence. The applicant Ravi is in custody since 12/09/2023 and applicant Manoj is in custody since 13/09/2023. The involvement of the present applicants is not proved in the CCTV footage. No idol has been recovered from the aforesaid spot or from the possession of the present applicants. Investigation is almost over. There is no evidence available on record to connect the applicants with the aforementioned offence. They are permanent resident of Dhar district and final conclusion of Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 10/13/2023 10:34:00 AM 3 the trial is likely to take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.
4. Per contra, learned counsel for the respondent / State opposes the bail applications and prays for its rejection. However, he fairly admits that no criminal antecedent is found against the present applicants.
5. Perused the impugned order of the trial Court as well as the case diary.
6. After considering all the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the applicants and as per the prosecution story, no idol has been found from the place of incident; both the applicants are not found in the CCTV footage; nothing has been recovered from their possession; investigation is almost over and final conclusion of the trial will take sufficient long time. In these circumstances, I deem it proper to release the applicants on bail. Therefore, without commenting on the merits of the case, the applications are allowed.
7. It is directed that applicants be released on bail on their each furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with separate solvent surety in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required. They shall abide by all the conditions enumerated under Section 437(3) Cr.P.C.
Certified copy as per rules.
(ANIL VERMA) JUDGE Tej Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 10/13/2023 10:34:00 AM