Madhya Pradesh High Court
Shubham Jha vs The State Of Madhya Pradesh on 8 September, 2022
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 8th OF SEPTEMBER, 2022
MISC. CRIMINAL CASE No. 43215 of 2022
BETWEEN:-
SHUBHAM JHA S/O GIRJASHANKAR JHA, AGED 22
Y E A R S , R/O-GADAIPURA, DISTRICT GWALIOR
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI ARUN PATERYA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION BAMORE DISTRICT MORENA (MADHYA
PRADESH)
.....RESPONDENT
(BY SHRI P.P.S. VAJEETA - PUBLIC PROSECUTOR)
This application coming on for hearing this day, the court passed the following:
ORDER
The applicant has filed this SECOND bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 21.05.2022, by Police Station- Banmore District- Morena, in connection with Crime No.206/2022, for the offence punishable under Sections 392, 397, 34 of the IPC and Sections 11/13 of the MPDVPK Act.
It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is innocent and is suffering confinement since 21.05.2022 on false pretext. His source of implication is only memo prepared under Section 27 of the Evidence Act of co-accused. Although seizure has been made from the possession of applicant regarding some documents and money but still he has been falsely implicated. Confinement amounts to pretrial detention. Applicant is ready to abide 2 by the terms and conditions as imposed over him and he shall cooperate in the investigation and trial. Under these grounds, he prayed for bail.
Learned Public Prosecutor for the State vehemently opposed the prayer and submitted that it is case of highway robbery where two accused persons in the midnight on the gun point took the possession of a truck of complainant which loaded with 300 bags of Grams (puk) and on the recce of applicant, they managed to escape and thereafter, when they arrested, then at their instance, applicant was arrested and from his possession, ATM card, Adhar Card and Driving Licence of complainant alongwith Rs.570/- were recovered.
As per allegations, applicant was the person who informed the other accused persons about the position of truck loaded with Grams (puk) and other accused played the role as robbers, not only this, applicant bears criminal record of one case.
Cumulatively, no case for grant of bail, at this stage, is made out. Application sans merits and is hereby dismissed. However, applicant shall be at liberty to renew the prayer at later stage of trial.
(ANAND PATHAK) JUDGE Rashid RASHID KHAN 2022.09.09 19:10:43 +05'30' 11.0.8