Vishnu Hada vs The State Of Madhya Pradesh on 29 March, 2023

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Madhya Pradesh High Court

Vishnu Hada vs The State Of Madhya Pradesh on 29 March, 2023

Bench: Anil Verma

                                                  1

            IN THE           HIGH COURT               OF MADHYA PRADESH
                                         AT I N D O R E
                                              BEFORE
                             HON'BLE SHRI JUSTICE ANIL VERMA

                                  ON THE 29th OF MARCH, 2023

                            MISC. CRIMINAL CASE No. 13229 of 2023

            BETWEEN:-
            VISHNU HADA S/O KUMER SINGH HADA, AGED
            ABOUT 35 YEARS, OCCUPATION: LABOR R/O
            DATHURIA ROAD BHARVAKHEDI CHIDAWAD
            TEHSIL TONKKHURD DISTT. DEWAS (MADHYA
            PRADESH)
                                                                        .....APPLICANT
            (BY SHRI SURENDRA TUTEJA .- ADVOCATE )

            AND
            THE STATE OF MADHYA PRADESH STATION
            HOUSE OFFICER THROUGH POLICE STATION
            TONK KHURD DISTRICT DEWAS (MADHYA
            PRADESH)
                                                                    .....RESPONDENTS
            (BY SHRI VISHAL SANOTHIYA GA )
            _____________________________________________________________________
                     This application coming on for admission this day, the court passed
            the following:

                                              ORDER

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 21/2023 registered at P.S - Tonkkhurd, District- Dewas (M.P.) for commission of offence punishable under Sections 307/34 of IPC and sections 25 and 27 of Arms Act.

As per prosecution story, on 28/01/2023 at about 7.00 pm, police gotVerified Signature Not secret information that some persons are committing theft by truck Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 3/29/2023 5:02:15 PM 2 cutting. Acting upon the said information, the police reached the spot and found that some persons were cutting the tirpal of the truck and picking out bundle of clothes. When they chased the truck, the accused persons fired gun shot at police party, but police constable Rajkumar somehow saved himself. Thereafter, the accused persons ran away. The police chased them and recovered one desi katta along with live cartridges, one motorcycle and two bundle from the possession of present applicant. Accordingly, the police arrested the applicant and other co-accused persons.

Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. One offence under section 379 of IPC was registered against the applicant, but later on, it was closed vide kharji no. 2/24.12.16. Investigation is almost over therefore, no further custodial interrogation of the applicant is required.. Applicant is in custody since 15/02/2023 He is permanent resident of District- Dewas. There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per-contra, learned PL for respondent - State opposes the bail application and prays for its rejection stating that the applicant is a member of gang, who involve in truck cutting and offence of theft; one offence under section 379 of IPC has been registered against the applicant on the same day, therefore, he does not deserve for bail.

Perused the impugned order of the trial Court as well as the case dairy.

Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 3/29/2023 5:02:15 PM 3

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that the applicant himself sustained gun shot injury in the instant incident; no police officials sustained any injury in the incident; the applicant is not having any criminal antecedent; investigation is almost over therefore, no further custodial interrogation of the applicant is required and possibility of delay in conclusion of the trial cannot be ruled out, in view of the evidence available on record, I deem it proper to release the accused / applicant on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs. 75,000/- (Rs. Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required.

He shall abide by all the conditions enumerated u/S. 437(3) Cr.P.C., It is made clear that if the applicant is again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the applicant in the present case also. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy, as per Rules.

(ANIL VERMA) JUDGE amol Signature Not Verified Signed by: AMOL NIVRUTTIRAO MAHANAG Signing time: 3/29/2023 5:02:15 PM

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