Madhya Pradesh High Court
Sonu @ Chandan Singh Yadav vs The State Of Madhya Pradesh Thr on 19 June, 2018
1 M.Cr.C. No.19366/2018
M.Cr.C. No.19373/2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.19366/2018
(Pawan Yadav vs. State of M.P.)
&
M.Cr.C. No.19373/2018
(Sonu @ Chandan Singh Yadav vs. State of M.P.)
Gwalior, Dated : 19.06.2018
Shri Alok Kumar Sharma, counsel for the applicants.
Shri B.P.S. Chauhan, Public Prosecutor for the
respondent/State.
This order shall dispose of M.Cr.C. No.19366/2018 filed by applicant Pawan yadav and M.Cr.C. No.19373/2018 filed by applicant Sonu @ Chandan Singh Yadav.
Case diary is available.
These are first applications under Section 439 of Cr.P.C. for grant of bail.
The applicants have been arrested on 31.03.2018 in connection with Crime No.44/2018 registered by Police Station Jigna District Datia for the offence punishable under Sections 392 and 120-B of IPC and Section 11/13 of MPDVPK Act.
It is submitted by the counsel for the applicants that according to the prosecution case, the complainant after selling his land was returning back to the home along with the co-accused Rakesh Yadav and was carrying the consideration amount of Rs.1,90,000/-. While they were on the way to the village they were waylaid by three unknown persons, who had covered their faces and the amount was looted from the wife of the complainant. It is submitted that although both the applicants are in jail from 31.03.2018 but for the reasons best known to the police the test identification parade of the applicants have not been conducted. The recovery of Rs.27,500/- from the applicant Sonu and Rs.27,000/- and a copy of the Adhar Card of the complainant from the possession of the applicant Pawan 2 M.Cr.C. No.19366/2018 M.Cr.C. No.19373/2018 Yadav have been falsely made. The applicant Sonu has no criminal history. The police even after two and half months, has not filed the charge sheet. It is further submitted that the trial is likely to take sufficiently long time.
Per contra, the application is opposed by the counsel for the respondent/State. It is submitted by the State counsel that the applicant Pawan Yadav has a criminal history.
Considering the period of detention, fact and circumstances of the case and without commenting on the merits of the case, the applications are allowed. It is directed that the applicants be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lac Only) with one surety in the like amount each to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
It is further directed that the applicants shall appear before the S.H.O. Police Station Jigna, District Datia on 1st of every month during the pendency of the trial. In case of bail jump or non-appearance of the applicants before the police station as directed by this Court, this order shall lose its effect.
Certified copy as per rules.
(G.S. Ahluwalia) Judge van Digitally signed by VANDANA VERMA Date: 2018.06.19 17:54:57 +05'30'