Madhya Pradesh High Court
Amit Kumar Gupta vs The State Of Madhya Pradesh on 2 August, 2019
1 MCRC-31024-2019
The High Court Of Madhya Pradesh
MCRC-31024-2019
(AMIT KUMAR GUPTA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 02-08-2019
Shri Ghanshyam Pandey, learned counsel for the applicants.
Shri Shivam Hazari, PL for the respondent/State.
Heard with the aid of case diary.
This is first bail application filed under Section 439 of Cr.P.C. by applicants Amit Kumar Gupta and Ajit Kumar Gupta @ Chintu, who have been arrested on 12/7/2019 in connection with Crime No.464/2018 registered at Police Station Barela, Distt. Jabalpur for the offences punishable under Sections 364A/34 of the IPC.
As per prosecution case on 04/11/2018 at 8:00 A.M. at Bamhani Tiraha, Main Road, Police Station Barela Ajay Chakravarti, who was driving a tractor dashed the Maruti Ignis Car, in which applicants and co-accused Rahul Kumar Mishra were travelling. On that, applicants and co-accused Rahul assaulted Ajay Chakravarti and Sumeri Maravi (owner of the tractor) and also abducted them and demanded a ransom of Rs.20,000/- to release them.
Learned counsel for the applicants submitted that the applicants are innocent and have falsely been implicated in the matter. On 04/11/2018 applicants and co- accused Rahul were going to their home in Diwali vacation by Maruti Ignis Car, near Ronwe river Ajay Chakravarti, who was driving a tractor rashly and negligently in a drunken condition dashed to the car, due to which car got damaged. Ajay Chakravarti made a request to settle out the matter and called the owner of the tractor namely Sumeri Maravi. When Sumeri Maravi came to the spot, he offered that he is ready to repair the car. On that, they went to Jabalpur, but due to Sunday showroom and repairing shops were closed. On that, Ajay Chakravarti and Sumeri Maravi gave a proposal to repair the car at Dindori, but when they reached Dindori, there was no car repairing shop. Thereafter, Ajay Chakravarti and Sumeri Maravi told that they have no money and they stopped at Dindori. Thereafter, they lodged a false report against the applicants and co-accused Rahul. The applicants are in custody since 12/7/2019. Charge sheet has been filed and conclusion of trial will take time. On the aforesaid grounds, learned counsel prayed that the applicants be enlarged on bail.
Learned counsel for the respondent/State opposed the prayer stating that from the statement of the prosecution witnesses it is clear that the applicants and co- accused Rahul abducted Ajay Chakravarti and Sumeri Maravi and also demanded ransom of Rs.20,000/- to release them, so they should not be released on bail.
Looking to the facts and circumstances of the case and the contention of learned counsel for the applicants and as to the fact that the applicants are in custody since 12/7/2019, charge sheet has been filed and conclusion of trial is likely to take long time, without commenting on the merits of the case the application is allowed and the applicants are directed to be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for their appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Digitally signed by MONIKA CHOURASIA Date: 09/08/2019 16:39:32 2 MCRC-31024-2019 Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the applicants :
1. The applicants will comply with all the terms and conditions of the bond executed by them;
2. The applicants will cooperate in the trial;
3. The applicants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicants shall not commit an offence similar to the offence of which they are accused;
5. The applicants will not seek unnecessary adjournments during the trial; and
6. The applicants will not leave India without previous permission of the trial Court.
Certified copy as per rules.
(RAJEEV KUMAR DUBEY) JUDGE m/-
Digitally signed by MONIKA CHOURASIA Date: 09/08/2019 16:39:32