Madhya Pradesh High Court
Bhoore Singh Yadav @ Sumer Singh vs The State Of Madhya Pradesh on 17 January, 2023
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 17 th OF JANUARY, 2023
MISC. CRIMINAL CASE No. 1545 of 2023
BETWEEN:-
BHOORE SINGH YADAV @ SUMER SINGH S/O SHRI
GYAPRAKAD YADAV, AGED ABOUT 50 YEARS,
OCCUPATION: LABOUR GRAM BADAGAON THANA
MURAR (MADHYA PRADESH)
.....APPLICANT
(SHRI PAWAN PATHAK, LEARNED COUNSEL FOR APPLICANT)
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH POLICE THANA MURAR (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI KULDEEP SINGH, LEARNED COUNSEL FOR STATE)
This application coming on for hearing this day, the court passed the
following:
ORDER
This is First bail application under Section 439 of Cr.P.C. filed by the applicant for grant of bail.
Applicant has been arrested on 24.12.2022 by police Station, Morar, Distt. Gwalior, in connection with crime No.1069/2022 for the offence punishable under Sections 365, 193, 203, 120-B of IPC and Sections 25, 27 of the Arms Act.
As per prosecution story, on 22.12.2022 complainant Anil Mahore lodged a report at police Station, Morar, against two unknown persons that on 2 21.12.2022 in evening at 7 pm some people informed that his father was going to his house from school by vehicle. As soon as he reached near Ram Shyam Dhaba two unknown persons came on motorcycle and on the point of Katta took away his father. He searched his father, but could not trace him. On his report, offence under Sections 365/34 of IPC was registered. During investigation, statement of one Gulab Singh Mahore, who is Samdhi of kidnapee Parimal Mahore, has been recorded, in which he has stated that kidnapee Parmal along with co-accused Ramdas came to his house and they asked him not to disclose about this to anybody. On asking, Parimal has informed that he is fed up with the borrowers and wants to stay there for 2-4 days. Thereafter co-accused Ramdas came to his house and talked secretly with Parimal. Afterwards this witness left Parimal to the Farm House where his son resides. On 24.12.2022 police reached the Farm House and arrested the accused Ramdas and Parimal. The allegation against the applicant is that he along with Parimal and other co-accused hatched a conspiracy to falsely implicate in the abduction of businessman Bhalle. Applicant has been arrested on 24.12.2022.
Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the case. He is in custody since 24.12.2022. He undertakes to cooperate in investigation/trial. Conclusion of trial will take time. Co-accused Ramdas Pal has been extended benefit of bail by this Court by order dated 10.01.2023 passed in M.Cr.C. No.1146/2023. On such premises, learned counsel for the applicant prayed for bail.
Learned counsel for the State opposed the application and prayed for its rejection.
Both the Advocates are heard. Case diary perused.
Looking to the facts & circumstances of the case, without commenting upon merits of the case, this Court is of the opinion that the application should 3 be allowed and by allowing the application it is ordered that if the applicant furnishes cash surety of Rs.25,000/- alongwith bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.
He will present during trial before the trial Court on each and every date. In case of default, cash surety of Rs. 25,000/- shall stand forfeited automatically.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules.
(DEEPAK KUMAR AGARWAL)
Digitally signed JUDGE
ojha by YOGENDRA
OJHA
Date:
2023.01.18
10:34:53 +05'30'