Dirghesh@Golu Trivedi vs The State Of Madhya Pradesh on 12 March, 2024

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Madhya Pradesh High Court

Dirghesh@Golu Trivedi vs The State Of Madhya Pradesh on 12 March, 2024

Bench: Prakash Chandra Gupta

                                                              1
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
                                                 ON THE 12 th OF MARCH, 2024
                                           MISC. CRIMINAL CASE No. 5793 of 2024

                            BETWEEN:-
                            DIRGHESH@GOLU TRIVEDI S/O KISHAV TRIVEDI,
                            AGED ABOUT 41 YEARS, OCCUPATION: BUSINESS 116,
                            SARVODAYA NAGAR , (MADHYA PRADESH)

                                                                                            .....APPLICANT
                            (BY SHRI ABHIJEET BHATI, LEARNED COUNSEL)

                            AND
                            THE STATE OF MADHYA PRADESH STATION HOUSE
                            OFFICER THROUGH POLICE STATION KOTWALI
                            DEWAS (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                            (BY SHRI HEMANT SHARMA, LEARNED GOVT.ADVOCATE)

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

Heard with the aid of case diary.

This is second application filed under Section 439 of Cr.P.C. for grant of bail to the applicant, in connection with FIR/Crime No.717/2023, Date:-

11.07.2023 registered at P.S. - Kotwali, District - Dewas (M.P.) for commission of offence punishable under Sections 370, 370-A and 342 of the IPC & Sections 3, 5 and 7 of Immortal Traffic (Prevention) Act.

2 . First bail application of the applicant was dismissed on merit vide order dated 29.11.2023 passed by this Court in M.Cr.C. No.40036/2023.

Signature Not Verified

3. Prosecution story, in brief is that on 11.07.2023, a secret information Signed by: SHAILESH PATIL Signing time: 13-03-2024 10:02:09 2 was received at P/S Kotwali, Dewas that co-accused Dirghesh @ Golu Trivedi is running a brothel in "Hotel Garam Masala" situated in Kakade Market bus stand Dewas by outsourcing girls. After completing other formalities, the police force proceeded towards the aforesaid hotel and raided at 05:30 PM on the same day. It was found that there was a big hall, 3 rooms and a kitchen in the hotel. All the rooms were closed from inside. The co-accused Dirghesh @ Golu was sitting on the counter of the hotel. Accused persons Shyam and Sumer were sitting on a sofa, which was nearby the counter. Doors of all the 3 rooms were made open. Co-accused Mahesh was found in the first room, accused Bhagwan Singh in the second room and co-accused Krishnapal was found in third room, alongwith 1 woman in each room in naked and semi-naked state. Kitchen was made open, where 5 women were found. Co-accused Dirghesh @ Golu was searched and Rs.700/- cash was recovered. A QR code and a mobile phone, which was used to call the customers, 32 condoms, 75 oil capsules and Rs.3,300/- cash were recovered from his counter. Mobile phones, cash and other materials were also recovered from the co-accused persons. Co-accused Nitu Kushwah disclosed that by inducing women for money, she used to bring them to the hotels for which co-accused Dirghesh @Golu used to give her commission. An FIR was lodged on the same day against applicant and other co-accused persons.

4 . Learned counsel for the applicant/accused submits that he has not committed the offence and has falsely been implicated in the case. After dismissal of his earlier bail applications, 07 material prosecution witnesses have been examined before the Trial Court but they have completely turned hostile and have not supported the case of prosecution. Applicant is in custody since Signature Not Verified Signed by: SHAILESH PATIL Signing time: 13-03-2024 10:02:09 3 08.08.2023. 13 formal witnesses are yet to be examined before the Trial Court. Conclusion of trial will take considerable long time for its disposal. Therefore, o n the basis of changed circumstances, it is prayed that the applicant be released on bail.

5 . On the other hand, learned counsel for the non-applicant/State has opposed the prayer and prayed for rejection of the application.

6. Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case, without commenting on the merits of the case, this Court is of the view that applicant deserves to be enlarged on bail hence, the application is allowed.

7. It is directed that applicant - Dirghesh @ Golu shall be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the concerned Trial Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.

8. This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.

9. With the aforesaid, this application is allowed and stands disposed of.

Certified copy, as per Rules.

(PRAKASH CHANDRA GUPTA) JUDGE patil Signature Not Verified Signed by: SHAILESH PATIL Signing time: 13-03-2024 10:02:09

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