Bhuralal vs The State Of Madhya Pradesh on 31 August, 2023

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Madhya Pradesh High Court

Bhuralal vs The State Of Madhya Pradesh on 31 August, 2023

Bench: Prem Narayan Singh

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     BEFORE
                                    HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
                                                ON THE 31 st OF AUGUST, 2023
                                          MISC. CRIMINAL CASE No. 38705 of 2023

                           BETWEEN:-
                           BHURALAL S/O KAILASH SAASI, AGED ABOUT 45
                           YEARS, OCCUPATION: FARMER GRAM HULKHEDI, P.S.
                           BODA, TEHSIL NARSINGHGARH, DISTRICT RAJGARH
                           (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI RITESH KUMAR SHARMA - ADVOCATE FOR THE APPLICANT)


                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION BODA, DISTRICT
                           RAJGARH (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           ( BY SHRI VIRAJ GODHA - GOVERNMENT ADVOCATE FOR THE
                           RESPONDENTS STATE)


                                 This application coming on for order this day, th e court passed the

                           following:
                                                               ORDER

This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail during trial relating to Crime No. 213/2023, registered at Police Station-Boda, District- Rajgarh, for the offence under Sections 457, 380 of I.P.C. The applicant is in custody since 25.07.2023.

0 2 . Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime.The applicant is in Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 31-08-2023 18:11:52 2 custody since 25.07.2023. The offence is triable by Judicial Magistrate First Class and conclusion of trial will take sufficient long time. Under these circumstances, counsel prays for grant of bail to the applicant.

03. Learned counsel for the State has opposed the application and submitted that it is not a fit case for grant of bail.

04. I have heard the learned counsel for the parties and perused the record.

05. Looking to the facts and circumstances of the case and the arguments advanced by the learned counsel for the parties and looking to the fact that the offence is triable by JMFC, without commenting on the merits of the case, this application is allowed.

06. It is directed that the applicant be released on bail on his/her furnishing a 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 trial court for securing his/her presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

07. This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified Copy as per rules.

(PREM NARAYAN SINGH) JUDGE rashmi Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 31-08-2023 18:11:52

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