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Madhya Pradesh High Court

Sanjiv @ Ballu Gond vs The State Of Madhya Pradesh on 14 June, 2022

Author: Anjuli Palo

Bench: Anjuli Palo

                                                                     1
                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                   BEFORE
                                                       HON'BLE SMT. JUSTICE ANJULI PALO
                                                             ON THE 14th OF JUNE, 2022

                                                 MISC. CRIMINAL CASE No. 61981 of 2021

                                           Between:-
                                   1.      SANJIV @ BALLU GOND S/O CHOTTELAL GOND
                                           , AGED ABOUT 22 YEARS, OCCUPATION:
                                           LABOUR VILL. GHOSADA P.S. TALA DIST.
                                           SATNA (MADHYA PRADESH)

                                   2.      SHIVENDRA GOND @ SURAJ S/O KANNAIYALAL
                                           GOND , AGED ABOUT 35 YEARS, OCCUPATION:
                                           LABOUR VILLAGE RUJHODI PS GADH, DIST.
                                           REWA (MADHYA PRADESH)

                                   3.      LUVKUSH GOND S/O LALLU GOND , AGED
                                           ABOUT 22 YEARS, OCCUPATION: LABOUR
                                           VILLAGE BAUDARA PS GADH, DIST. REWA
                                           (MADHYA PRADESH)

                                   4.      VIKAS GOND S/O RAMPIYARE GOND , AGED
                                           ABOUT 22 YEARS, OCCUPATION: LABOUR
                                           VILLAGE DUBAHA PS SEMARIYA, PS GADH,
                                           DIST. REEWA (MADHYA PRADESH)

                                                                                                 .....APPLICANTS
                                           (BY SHRI ABHINAV DUBEY, ADVOCATE)

                                           AND

                                           THE STATE OF MADHYA PRADESH THR. P.S. P.S.
                                           AMARPATAN DIST. SATNA MP (MADHYA
                                           PRADESH)

                                                                                                .....RESPONDENT
                                           (BY SHRI A.N. GUPTA, GOVT. ADVOCATE)

                                         This application coming on for admission this day, the court passed the
                                   following:
Signature Not Verified
  SAN
                                                                      ORDER

Digitally signed by RAJESH KUMAR JYOTISHI This is the first application filed by the applicants under Section 439 of Date: 2022.06.15 14:56:20 IST 2 the Cr.P.C. seeking regular bail.

The applicants are in custody since 09.07.2021 in connection with Crime No.126/2021 registered at Police Station Amarpatan, District Satna for the offences punishable under Sections 457, 380 & 413 of IPC.

Learned counsel for the applicants submits that the applicants are innocent, they have been falsely implicated in the case. Applicants have been made accused on the basis of memorandum of other co-accused person. Investigation is complete and charge sheet has been filed. Applicants are in custody and trial will take considerable time to conclude, therefore, they may be released on bail.

Learned Govt. Advocate for the State has opposed the bail application and submitted that some other cases have been registered against applicants.

Although some other cases have been registered against present applicants under various offences including the present sections, but they have already been released on bail by the Co-ordinate Bench of this Court in those cases.

Looking to the nature of offence and considering that applicants are in custody since July, 2021, without commenting on the merit of the case, the application is allowed.

It is directed that applicants namely Sanjiv @ Ballu Gond, Shivendra Gond @ Suraj, Luvkush Gond and Vikas Gond shall be released on bail on their furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one surety each in the like amount to the satisfaction of the trial Court concerned for their appearance before the said Signature Not Verified SAN Court on all such dates as may be fixed in this regard during the pendency of Digitally signed by RAJESH KUMAR JYOTISHI trial.

Date: 2022.06.15 14:56:20 IST 3 It is further directed that the applicants shall comply with the provisions of Section 437(3) of the Cr.P.C.

(SMT. ANJULI PALO) JUDGE rj Signature Not Verified SAN Digitally signed by RAJESH KUMAR JYOTISHI Date: 2022.06.15 14:56:20 IST