Madhya Pradesh High Court
Brajendra Yadav vs The State Of Madhya Pradesh on 17 October, 2023
Author: Anuradha Shukla
Bench: Anuradha Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE ANURADHA SHUKLA
ON THE 17 th OF OCTOBER, 2023
MISC. CRIMINAL CASE No. 30842 of 2023
BETWEEN:-
BRAJENDRA YADAV S/O DHANIRAM YADAV, AGED
ABOUT 25 YEARS, OCCUPATION: LABOUR R/O VILLAGE
GANESHPURA P.S. BALDEOGARH DISTRICT
TIKAMGARH (MADHYA PRADESH)
.....APPLICANT
(BY SHRI ASHISH TIWARI - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION BALDEOGARH DISTRICT TIKAMGARH
(MADHYA PRADESH)
.....RESPONDENT
(BY MS. HEMLATA KSHATRIYA - PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
This is second application under Section 439 of the Code of Criminal Procedure 1973 for grant of bail filed on behalf of the applicant who has been arrested relating to FIR/Crime No.85/2023 dated 04.03.2023 registered at Police Station Baldeogarh, district Tikamgarh, for offences punishable under Sections 294, 305, 354, 34 of IPC, Section 7/8 of POCSO Act and Section 3(1)(R, S), 3(2)(V-A) of SC/ST (POA) Act.
Learned counsel for the applicant submits that the applicant is in custody since 05.05.2023 and the trial will take considerable time to conclude. He further Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/18/2023 3:19:34 PM 2 submits that the applicant is innocent and has falsely been implicated in the case. The applicant is a permanent resident of district and is ready to furnish adequate surety and shall abide by all the conditions to be imposed by the Court. Upon these grounds, it is prayed that the applicant be released on bail.
Learned counsel for the State has opposed the bail application. Heard learned counsel for the parties and perused the case diary. This is repeat application for bail filed by the applicant. Earlier one was dismissed vide order dated 12.06.2023 in M.Cr.C. No.22344/2023. It is alleged against the applicant that he was harassing the deceased on the basis of photographs.
In the light of these allegations, State was directed to file the cyber cell report regarding examination of mobile phone of the applicant. That report has been submitted by the State and it says that it was not possible to give any opinion in the absence of information regarding hash value.
In the light of this information as well as the fact that co-accused namely Neelaish @ Neelu Yadav has already been enlarged on bail vide order dated 04.07.2023 in Cr.A. No.7981/2023, therefore, without commenting on the merits of the case, this application is allowed.
It is directed that the applicant shall be released on bail upon her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for her appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial.
It is further directed that the applicant shall comply with the provisions of Section 437(3) of Cr.P.C.
Accordingly, this M.Cr.C. stands allowed and disposed of.
Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/18/2023 3:19:34 PM 3(ANURADHA SHUKLA) JUDGE pnm Signature Not Verified Signed by: POONAM MANEKAR Signing time: 10/18/2023 3:19:34 PM