Madhya Pradesh High Court
Chotu @ Nitesh vs The State Of Madhya Pradesh on 14 March, 2023
Author: Anjuli Palo
Bench: Anjuli Palo
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE ANJULI PALO
ON THE 14 th OF MARCH, 2023
MISC. CRIMINAL CASE No. 4370 of 2023
BETWEEN:-
1. CHOTU @ NITESH S/O SUDAMA PATEL, AGED
ABOUT 25 YEARS, OCCUPATION: LABOUR KHAJRI
DISTT. DAMOH (MADHYA PRADESH)
2. DEVENDRA PATEL S/O BALIRAM PATEL, AGED
ABOUT 29 YEARS, OCCUPATION: LABOUR R/O
KHAJRI DISTRICT DAMOH (MADHYA PRADESH)
.....APPLICANTS
(BY SHRI ABHISHEK RISHI - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION PATAN JABALPUR (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI Y.D.YADAV - GOVERNMENT ADVOCATE )
This application coming on for admission this day, the court passed the
following:
ORDER
This is second application filed by the applicant no.1 under Section 439 of Cr.P.C. and third application filed by the applicant no.2 under Section 439 o f Cr.P.C seeking regular bail. The first application for bail of applicant no.1 was dismissed as withdrawn vide order dated 04.08.2022 passed in M.Cr.C.No.37058/2022. The first application of appellant no.2 was dismissed Signature Not Verified as withdrawn vide order dated 22.04.2022 passed in M.Cr.C.No.19915/2022 SAN Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.03.16 09:59:08 IST and second application of appellant no.2 was dismissed as withdrawn vide 2 order dated 05.07.2021 passed in M.Cr.C.No.22247/2021.
The applicant no.1 is in custody since 13.08.2020 and applicant no.2 is in custody since 26.07.2020 in connection with Crime No.352/2019 registered at Police Station Patan District Jabalpur for the offences punishable under Sections 457, 380 and 427/34 of IPC, Section 3(a) of Explosive Substance Act and section 4 of Prevention of Damage of Public Property Act.
Learned counsel for the applicants submitted that applicants have been falsely implicated in the crime in question. The applicant no.1 is aged about 25 years and applicant no.2 is aged about 29 years. Trial would take considerable time to conclude, therefore, the applicant may be released on bail.
Learned Government Advocate has opposed the prayer for bail. Heard learned counsel for the parties.
Although earlier applications have been dismissed as withdrawn but it is a case of ATM blast and robbery of huge amount. Huge amount along with explosive substance have also been recovered from one of the accused Chotu @ Nitesh. Similar kind of offence has been registered against them in which they were acquitted.
Considering the over all facts and circumstances of the case and criminal past of the applicants, this Court does not find it to be a fit case for grant of bail.
Accordingly, this application stands dismissed.
(SMT. ANJULI PALO) Signature Not Verified JUDGE SAN anu Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2023.03.16 09:59:08 IST