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Madhya Pradesh High Court

Sailendra @ Tittu Raikwar vs The State Of Madhya Pradesh on 14 July, 2022

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                                          1
                                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                                  AT JABALPUR
                                                                        BEFORE
                                                          HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                                  ON THE 14th OF JULY, 2022

                                                       MISC. CRIMINAL CASE No. 33812 of 2022

                                                Between:-
                                                SAILENDRA @ TITTU RAIKWAR S/O DILIP
                                                CHAND RAIKWAR, AGED ABOUT 22 YEARS,
                                                OCCUPATION: LABOUR, R/O VALLABHNAGAR
                                                WARD, TEHSIL SAGAR DISTRICT SAGAR
                                                (MADHYA PRADESH)

                                                                                                      .....PETITIONER
                                                (BY MS. SWATI ASEEM GEORGE - ADVOCATE)

                                                AND

                                                THE STATE OF MADHYA PRADESH THROUGH
                                                POLICE STATION MAKRONIA SAGAR (MADHYA
                                                PRADESH)

                                                                                                    .....RESPONDENTS
                                                (BY SHRI AJAY TAMRAKAR - PANEL LAWYER )

                                              This application coming on for admission this day, the court passed the
                                        following:
                                                                           ORDER

This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant-Sailendra @ Tittu Raikwar S/o Dilip Chand Raikwar, who is in custody since 09.02.2022 in connection with Crime No.93/2022 registered at Police Station Makronia, District Sagar (M.P.), for the offence punishable under Sections 324, 326, 34, 120B of IPC.

Learned counsel for the applicant submits that applicant is innocent. As Signature Not Verified SAN per the complainant's version as well as 161 Cr.P.C. statement, three boys were Digitally signed by ASHWANI PRAJAPATI Date: 2022.07.14 18:34:50 IST travelling in a motorcycle, out of which one had caused injuries with a radium 2 cutter. That boy has been already identified as Raja Kori. Applicant is already languishing in custody since 09.02.2022. It is further submitted that investigation is complete, charge sheet is filed. This Court has granted bail to co-accused Lokesh Ahirwar, under the same facts and circumstances, therefore, prayer is made to enlarge the applicant on bail.

Learned Govt. Advocate for the State opposes the prayer made by learned counsel for the applicant. He submits that applicant has a history of four criminal cases.

Taking into consideration the fact that investigation is complete, charge sheet is filed, no further custodial interrogation of the applicant is required, trial will take time for its conclusion, without commenting anything on merits of the case, this bail application is allowed.

It is directed that applicant- Sailendra @ Tittu Raikwar be released on bail on his furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the learned Trial Court to appear before the said Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

Looking to these facts, it is directed that applicant shall appear before Police Station Makronia, District Sagar, on every 1 st day of the month, till the conclusion of trial.

This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become Signature Not Verified ineffective.

I n view of the outbreak of new mutant Omicron of Covid-19, the jail Digitally signed by ASHWANI PRAJAPATI Date: 2022.07.14 18:34:50 IST authorities and the State Government are directed to follow the guidelines issued 3 by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE A.Praj.