Madhya Pradesh High Court
Rakesh Patel vs The State Of Mp on 15 February, 2023
Author: Rajendra Kumar Verma
Bench: Rajendra Kumar Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
ON THE 15 th OF FEBRUARY, 2023
MISC. CRIMINAL CASE No. 7259 of 2023
BETWEEN:-
RAKESH PATEL S/O GANESH PATEL, AGED ABOUT 24
Y E A R S , OCCUPATION: PRIVATE JOB VILLAGE
KHAJARI, POLICE STATION DAMOH DEHAT, DISTRICT
DAMOH (MADHYA PRADESH)
.....APPLICANT
(BY SHRI SANDEEP KUMAR MISHRA - ADVOCATE)
AND
THE STATE OF MP THROUGH POLICE STATION
PATERA, DISTRICT DAMOH (MADHYA PRADESH)
.....RESPONDENT/STATE
(BY SHRI NAGENDRA SOLANKI - PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure.
T he applicant is in custody since 26/7/2020, in connection with Crime No.51/2020, registered at Police Station Patera, District Damoh (M.P.) for the offence punishable under Sections 457, 380, 461, 427, 120-B of the IPC and 3/4 Explosive Substance Act and Sections 3/5 of Prevention of Damage of Public Property Act, 1984.
A s per prosecution case, on 6/3/2020, the applicant and co-accused Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 2/16/2023 10:46:50 AM 2 Devendra Patel, Jageshwar @ Jage Patel, Nitesh @ Chhotu Patel, Param Singh Lodhi and Jairam Patel committed loot from ATM machine by using explosive substance.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant has been implicated in the present case only on the basis of memorandum of co-accused recorded under Section 27 of Indian Evidence Act. Applicant is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. The applicant is behind the bars since 26/7/2020. Charge sheet has been filed and the final conclusion of trial would take considerably long time. Hence, a prayer is made to enlarge the applicant on bail.
Per-contra, learned Panel Lawyer for the State submits that accused/applicant is involved in serious crime. He, therefore, opposes the bail application.
After hearing arguments of the parties and looking to the facts and circumstances of the case as also the fact that the applicant is made as an accused upon the memorandum statement of co-accused, charge sheet has been filed, applicant is in custody since 26/7/2020, it would be appropriate to release the applicant on bail, therefore without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicant be released on bail on his furnishing bail bond in the sum of Rs. 50,000/-(Rupees Fifty Thousand) with two solvent sureties of Rs.1,00,000/- (Rupees One Lac) each, to the satisfaction of the concerned trial Court for his appearance before the trial Court on the dates given by the concerned Court. It is directed that the applicant shall comply with the Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 2/16/2023 10:46:50 AM 3 provisions of Section 437(3) of the Cr.P.C.
He shall also mark his presence before the police station concerned on every first and third Saturday of every month between 10:00 AM to 12:00 noon.
This order shall remain effective till the end of the trial, but in case of bail jump, breach of any of the pre-condition, it shall become ineffective and cancelled without reference to this Bench.
The M.Cr.C. stands allowed and disposed of.
Certified copy as per rules.
(RAJENDRA KUMAR (VERMA)) JUDGE m/-
Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 2/16/2023 10:46:50 AM