Madhya Pradesh High Court
Nilesh Hada vs The State Of Madhya Pradesh on 12 June, 2023
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 12 th OF JUNE, 2023
MISC. CRIMINAL CASE No. 20508 of 2023
BETWEEN:-
NILESH HADA S/O SHYAM HADA, AGED ABOUT 30
YEARS, OCCUPATION: LABOR R/O GRAM DHATURIYA
ROAD, BAIRAVAKHEDI, CHIDAWAD, TEHSIL
TONKKHURD, DISTT. DEWAS (MADHYA PRADESH)
.....APPLICANT
(BY SHRI MANOHAR SINGH CHOUHAN - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION TONK KHURD,
DISTICT DEWAS (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI VINOD THAKUR - GOVT. ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is Second application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail relating to FIR No.23/2023 dated (not mentioned) registered at Police Station - Tonkkhurd, Dist. Dewas (M.P.) for the offence under Sections 379, 382 and 34 of IPC. Earlier bail application bearing M.Cr.C. No.15152/2023 was dismissed as withdrawn by order dated 19.04.2023.
2. As per prosecution story, on 28/01/2023 at about 7.00 pm, police received a secret information that some persons are committing theft by tripal of Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 13-06-2023 10:39:56 2 the truck cutting. Acting upon the said information, the police reached at the spot and found that some persons were cutting the tirpal of the truck and picking out bundle of clothes. When he 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. Later on two cases have been registered. One Crime No. 21/2023 registered at Police Station Tonkkhurd, Dist. Dewas for commission of offences punishable under Section 307/35 of IPC and Section 25 & 27 of Arms Act and the present case Crime No. 23/2023 for commission of offences under Section 379, 382, 34 of IPC.
3. Counsel for the applicant submits that one co-accused Vishnu Hada has already been granted bail by this Court by order dated 03.05.2023 in M.Cr.C. No.15154/2023. He is in jail since 15.02.2023, the investigation has been completed, the charge-sheet has been filed and no further custodial interrogation is required.
4. Counsel for the State opposes the prayer for grant of bail on the ground that from the possession of the applicant, 2 bundle clothes were seized from the possession of the present applicant. Further, he submits that there are criminal record.
5. After hearing learned counsel for the parties and taking into consideration that in the offence of the same transaction in Crime No. 21/2023, the applicant has already been enlarged on bail, the investigation has been completed, the charge-sheet has been filed and no further custodial interrogation is required, I am of the view that the applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.
6. It is directed that applicant Nilesh Hada shall be released from Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 13-06-2023 10:39:56 3 custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the Learned Court below.
7. The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.
8. It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.
9 . The applicant shall mark his presence before the concerned Police Station on every 15th of Month during trial.
10. A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Learned Court below.
(VIJAY KUMAR SHUKLA) JUDGE ns Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 13-06-2023 10:39:56 4 Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 13-06-2023 10:39:56