Rajesh vs The State Of Madhya Pradesh on 27 October, 2023

[Cites 4, Cited by 0]

Madhya Pradesh High Court

Rajesh vs The State Of Madhya Pradesh on 27 October, 2023

Bench: Sanjeev S Kalgaonkar

                                                             1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                     BEFORE
                                   HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
                                               ON THE 27 th OF OCTOBER, 2023
                                            MISC. CRIMINAL CASE No. 48348 of 2023

                           BETWEEN:-
                           RAJESH S/O SHRI MAHENDRA GURJAR, AGED ABOUT
                           36 YEARS, OCCUPATION: LABOUR VILLAGE RASU
                           THANA RITHORAKALA DISTRICT MORENA (MADHYA
                           PRADESH)

                                                                                          .....APPLICANT
                           (SHRI RAVI DWIVEDI, LEARNED COUNSEL),

                           AND
                           THE STATE OF MADHYA PRADESH INCHARGE POLICE
                           STATION THROUGH POLICE STATION SABALGARH
                           DISTT. MORENA (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                           (SHRI PURUSHOTTAM TANWAR, LEARNED PL),

                                 This application coming on for HEARING this day, th e court passed
                           the following:
                                                              ORDER

This first bail application has been filed by applicant under Section 439 o f the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.27 of 2020 registered at Police Station Sabalgarh District Morena (M.P.) for offence punishable under Sections 394 of IPC and 11/13 of MPDVPK Act.

A s per the case of prosecution, Sunil Kumar Soni reported to PS Sabalgargh on 26.01.0220 that he was travelling on motorcycle with Rakesh Singhal from Rampur to Sabalgarh. As their motorcycle reached near Hiraman Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 28/10/2023 11:36:22 AM 2 Mandir, three unknown persons intercepted the motorcycle and snatched his bag containing 20 Gram gold and 500 Grams silver. They also snatched mobile phone and cash of Rs.29,000/-. After assaulting both of them all the three unknown assailants fled away. On such allegations, PS Sabalgarh registered an FIR at Crime No.27 of 2020 for offence punishable under Section 394 of IPC and 11/13 of MPDVPK Act. On completion of investigation, charge sheet was filed on 23.1.2021. The applicant was arrested on 5.1.2021. He is in custody ever since. Relevant recovery has been made from his possession.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that two similar crimes were registered against the applicant by PS Sabalgarh wherein, report was made against unknown assailants. In TIP, complainant could not identify the applicant. Co-accused Dharmendra Singh has been granted bail vide order dated 25.03.2023 in M.Cr.C.No.16704 of 2021. All the material witnesses have been examined, therefore, there is no likelihood of tampering with the investigation or evidence. Jail incarceration is causing hardship to the applicant and his family. The applicant is sole bread earner of the family. Therefore, the applicant may be extended the benefit of bail.

Per contra, learned Counsel for the State opposes the bail application on the ground of gravity of offence.

Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case, but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.

Accordingly, it is directed that the applicant Rajesh shall be released on Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 28/10/2023 11:36:22 AM 3 bail in connection with Crime No.27 of 2020 registered at Police Station Sabalgarh District Morena (M.P.) for offence punishable under Sections 394 of IPC and 11/13 of MPDVPK Act, upon furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :

1. The applicant shall remain present on every date of hearing as may be directed by the concerned Court;

2. The applicant shall not commit or get involved in any offence of similar nature;

3 . The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the investigating officer;

4. The applicant shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;

5. The applicant shall ensure due compliance of provisions of Section 309 of Cr.P.C regarding examination of witness in attendance;

This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.

CC as per rules.

(SANJEEV S KALGAONKAR) JUDGE Rks Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 28/10/2023 11:36:22 AM 4 Signature Not Verified Signed by: RAM KUMAR SHARMA Signing time: 28/10/2023 11:36:22 AM

Unlock Advanced Research with PRISMAI

Madhya Pradesh High Court