Madhya Pradesh High Court
Devendra Mewada @ David vs The State Of Madhya Pradesh on 23 July, 2018
1
THE HIGH COURT OF MADHYA PRADESH AT
JABALPUR
Misc. Criminal Case No.19292/2018
Devendra Mewada @ David
Vs.
State of M.P.
Misc. Criminal Case No.19228/2018
Veer Dwivedi @ Subhash Dwivedi
Vs.
State of M.P.
Misc. Criminal Case No.19284/2018
Suresh Kumar Medwada
Vs.
State of M.P.
DATED:-23.07.2018
Shri Anurag Gohil, counsel for petitioner Devendra
Mewada @ David in M.Cr.C. No.19292/2018 and petitioner
Suresh Kumar Mewada in M.Cr.C. No.19284/2018.
Shri Anurag Shivhare, counsel for the petitioner Veer
Dwivedi @ Subhash Dwivedi in M.Cr.C. No.19228/2018.
Shri N. Chourasiya, Government Advocate for the
respondent/State in all aforesaid three misc. criminal cases.
Since all aforesaid three miscellaneous criminal cases have arisen from the same crime number, they have been heard analogously and are being disposed of by this common order.
Heard on these third applications for bail under Section 439 of the Code of Criminal Procedure filed on behalf of the petitioners Devendra Mewada @ David, Suresh Kumar Mewada and Veer Dwivedi @ Subhash Dwivedi in Crime No.24/2017 registered by Police Station Cyber Cell, District Bhopal under Sections 292 and 370 of 2 THE HIGH COURT OF MADHYA PRADESH AT JABALPUR Misc. Criminal Case No.19292/2018 Devendra Mewada @ David Vs. State of M.P. Misc. Criminal Case No.19228/2018 Veer Dwivedi @ Subhash Dwivedi Vs. State of M.P. Misc. Criminal Case No.19284/2018 Suresh Kumar Medwada Vs. State of M.P. the I.P.C. and Section 67 of the Information Technology Act.
Their earlier two applications for the same relief had been dismissed on merits by this Court.
By way of change in circumstances for this third application for bail, learned counsel for the petitioners submit that all four girls namely Pooja Kapse, Roopali Gazre, Nirmala Tharu and Marvind Sinmdore have been examined by the trial Court and they have turned hostile.
The facts of the case have been described in detail in earlier bail orders filed in the same case; therefore, it is not necessary to repeat those facts.
Learned counsel for the petitioners submits that on aforesaid four girls were shown as victims in the case, who were being deployed in the flesh trade by the present petitioners; however, all of them turned hostile and have not supported the prosecution case at all. Petitioner Devendra Medwada @ David has been in custody since 18.5.2017. Petitioner Veer Dwivedi @ Subhash Dwivedi has been in custody since 19.5.2017. Petitioner 3 THE HIGH COURT OF MADHYA PRADESH AT JABALPUR Misc. Criminal Case No.19292/2018 Devendra Mewada @ David Vs. State of M.P. Misc. Criminal Case No.19228/2018 Veer Dwivedi @ Subhash Dwivedi Vs. State of M.P. Misc. Criminal Case No.19284/2018 Suresh Kumar Medwada Vs. State of M.P. Suresh Kumar Medwada has been in custody since 19.5.2017. In view of the statements of aforesaid four girls, it would not be appropriate to keep the petitioners in custody during the entire length of the trial; therefore, it has been prayed that the petitioners be released on bail.
Learned Government Advocate for the respondent/State on the other hand has opposed the application.
However, keeping in view the facts and circumstances of the case in their entirety, particularly the statements of aforesaid four girls, in the opinion of this Court, it would not be appropriate to the keep the petitioners in custody for remainder of the trial; therefore, these third applications for bail under Section 439 of the Cr.P.C. filed on behalf of petitioners Devendra Mewada @ David, Suresh Kumar Mewada and Veer Dwivedi @ Subhash Dwivedi is allowed.
It is directed that the petitioners shall be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- each with two local solvent sureties in the sum of Rs. 50,000/- each to the satisfaction of the trial Court 4 THE HIGH COURT OF MADHYA PRADESH AT JABALPUR Misc. Criminal Case No.19292/2018 Devendra Mewada @ David Vs. State of M.P. Misc. Criminal Case No.19228/2018 Veer Dwivedi @ Subhash Dwivedi Vs. State of M.P. Misc. Criminal Case No.19284/2018 Suresh Kumar Medwada Vs. State of M.P. for their appearance before that Court on all dates fixed in the case, for complying with the conditions enumerated under Section 437 (3) of the Code of Criminal Procedure.
Certified copy as per rules.
(C.V. Sirpurkar) Judge ahd Digitally signed by MOHD AHMAD Date: 2018.07.25 05:19:50 -07'00'