Madhya Pradesh High Court
Vijay vs The State Of Madhya Pradesh on 31 August, 2024
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
NEUTRAL CITATION NO. 2024:MPHC-IND:25180
1 MCRC-36574-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 31st OF AUGUST, 2024
MISC. CRIMINAL CASE No. 36574 of 2024
VIJAY
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Mr. Ashish Tiwari - Advocate for the applicant.
Mr. Viraj Godha - P.L for the respondent/State.
ORDER
This is second bail application filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short "B.N.S.S."), for grant of bail to the applicant, relating to FIR/Crime No.290/2024 dated (not mentioned) registered at Police Station-Namli, District-Ratlam (M.P.) for commission of offence punishable under Sections 420 and 120 of the IPC.
2. The first application was dismissed for want of prosecution vide order dated 13.08.2024 passed in MCRC No.31920/2024.
3. Prosecution story, in brief is that the present applications Vijay and co-accused Pooja alias Ranu and Neha Chouhan entered into conspiracy to get the complainant Mahesh Jaat married to co-accused Neha. On 10/07/2023 the present applicant and co-accused persons after receiving a sum of Rs.2,00,000/- from the complainant Mahesh Jaat, got Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 31-08-2024 17:07:55 NEUTRAL CITATION NO. 2024:MPHC-IND:25180 2 MCRC-36574-2024 co-accused Neha married to him in Ratlam Court. Affidavit for marriage was executed before notary. Co-accused Neha went to the house of the complainant and started to live as his wife. On 02/06/2024 present applicant and co-accused person Pooja @ Ranu and priya came to the house of the complainant and told him that father of Neha has died and they took co-accused Neha alongwith them. Co-accused Neha took the gift of marriage alongwith her. Thereafter despite of several attempts, Neha was never sent back to the house of the complainant, co-accused persons. During investigation it was revealed that the applicant and co- accused persons deceive people and in return of money they get those aggrieved persons married and after some time all of them leave after taking the gifts received in the marriage.
4. Learned counsel for the applicant/accused submits that, the applicant has not committed the offence and has falsely been implicated in the case. It is further submitted that the offence is triable by J.M.F.C. The applicant is in custody since 05/07/2024. After investigation, chargesheet has been filed. Trial will take considerable long time for its disposal, therefore, it is prayed that the applicant be released on bail.
5. On other hand learned counsel for the non-applicant/State has opposed the prayer and prayed for rejection of the application.
6. Having considered the rival contentions of the learned counsels for the parties, perused the case diary, also looking to the aforesaid facts and circumstances of the case and allegations made against the applicant, this court is of considered view that this is a fit case to grant bail to the applicant. Hence, without expressing any opinion on merit of the case, Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 31-08-2024 17:07:55 NEUTRAL CITATION NO. 2024:MPHC-IND:25180 3 MCRC-36574-2024 these application is allowed.
7. It is directed that the applicant- Vijay be released on bail upon her furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with solvent surety in the likewise amount to the satisfaction of the concerned trial Court for her appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicant shall comply with the provisions of Section Section 480(3) of The Bharatiya Nagarik Suraksha Sanhita, 2023.
8. This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
9. With the aforesaid, these bail applications are allowed and stands disposed of.
Certified copy, as per Rules.
(PRAKASH CHANDRA GUPTA) JUDGE A.singh Signature Not Verified Signed by: AJIT KAMALASANAN Signing time: 31-08-2024 17:07:55