Madhya Pradesh High Court
Laxman vs The State Of Madhya Pradesh on 23 May, 2019
HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
M.Cr.C No.21270/2019(Laxman Vs. State of M.P.)
&
M.Cr.C.No. 19891/2019 (Dhannu @ Manjubai Vs. State of M.P.)
Indore, Dt.23.05.2019
Shri Abhishek Rathore, learned counsel for the
petitioners Laxman and Lala.
Shri R.R.Bhatnagar, learned counsel for petitioner
Dhannu.
Shri Akash Sharma, learned Public Prosecutor for the
respondent/State.
Since both the applications are arising out of same
crime number, therefore they are heard analogously and are
being decided by this common order.
ORDER
Both the applications are preferred by the petitioners Laxman, Lala and Dhannu in connection with Crime No.216/2019 registered under Section 365, 343 and 346 of IPC at Police Station- Y.D.Nagar, District-Mandsaur.
2. It is the case of the prosecution that nephew of Bihari eloped with wife of petitioner Lala, therefore Lala, his sister and her husband were pressurizing them to get her back or else to pay money to resolve the dispute as per their tribal ritual/tradition. The family of Bihari was not ready to obey the demand of Lala, therefore the petitioners had threatened them that they will kidnap some family member of Bihari. On 13.4.2019 they went to the house of Bihari, stressed their demand and on denial, they kidnapped Jaisingh, took him to a deserted forest and kept him their for next 6 days, till the time; the police recovered him.
3. Kidnapee Jaisingh has stated before the police as well HIGH COURT OF MADHYA PRADESH BENCH AT INDORE M.Cr.C No.21270/2019(Laxman Vs. State of M.P.) & M.Cr.C.No. 19891/2019 (Dhannu @ Manjubai Vs. State of M.P.) as in the statement recorded before the court under section 164 Cr.P.C. that he deals in scrap. On 13.4.2019, at about 11.00 Lala, Narayan, Laxman and Dhannubai called him to buy some scrap from a particular place. When he reached to that place, they forced him to sit in Maruti van and kidnapped him. They kept him in a forest. On 19.4.2019, the police rescued him.
4. It is submitted by the learned counsel for the petitioners that kidnapee is a 40 years old man. Sarpanch Mohanlal, who first informed the father of the kidnapee, is well acquainted with them, but at the first instance he did not name the petitioners as kidnapper. The report of kidnapping was filed after a considerable delay of more than 30 hours on the next evening at 17.30 p.m.. They have been falsely implicated to counter their demand to return wife of Lala who eloped with Jeetu, cousin of Jaisingh.
5. Learned Public Prosecutor opposed the bail applications.
6. In view of nature of dispute between the parties, status of the petitioners and other facts and circumstances of the case, I deem it proper to release the accused on bail. Therefore, without commenting on merits of the case, both the applications are allowed.
7. It is directed that the petitioners Laxman, Lala and Dhannu be released from custody on their furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) each with one solvent surety each of the like HIGH COURT OF MADHYA PRADESH BENCH AT INDORE M.Cr.C No.21270/2019(Laxman Vs. State of M.P.) & M.Cr.C.No. 19891/2019 (Dhannu @ Manjubai Vs. State of M.P.) amount to the satisfaction of the Trial Court for their appearance before the Trial Court as and when required further subject to the following conditions:-
(i) The petitioners shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial;
(ii) The petitioners shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade them from disclosing truth before the Court;
(iii) The petitioners shall not commit any offence or involve in any criminal activity;
(iv)In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.
M.Cr.C.No. 21270/2019 and 19891/2019 are accordingly disposed of. Copy of this order be placed in the record of M.Cr.C.No. 19891/2019.
(Virender Singh) Vacation Judge mk MUKTA KAUSHAL 2019.05.24 14:45:07 -07'00' HIGH COURT OF MADHYA PRADESH BENCH AT INDORE M.Cr.C No.21270/2019(Laxman Vs. State of M.P.) & M.Cr.C.No. 19891/2019 (Dhannu @ Manjubai Vs. State of M.P.)