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Madhya Pradesh High Court

Ashutosh @ Aashu Pasi vs The State Of Madhya Pradesh on 20 January, 2023

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                              1
                            IN      THE      HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      BEFORE
                                    HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                ON THE 20 th OF JANUARY, 2023
                                           MISC. CRIMINAL CASE No. 59168 of 2022

                          BETWEEN:-
                          ASHUTOSH @ AASHU PASI S/O LATE KAMAL PRASAD
                          PASI, AGED ABOUT 28 YEARS, OCCUPATION: LABOUR
                          HOUSE NO. 1043 GALI NO. 21 SADAR CANTT DISTRICT
                          JABALPUR (MADHYA PRADESH)

                                                                                           .....APPLICANT
                          (BY MS. SAKSHI BHARDWAJ - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION CANTT JABALPUR (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI AMIT PANDEY - PANEL LAWYER )

                                   This application coming on for admission this day, the court passed the
                          following:
                                                               ORDER

This first bail application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail, pending the trial.

The applicant Ashutosh @ Aashu Pasi in custody since 16.11.2022 in connection with Crime No.244/2022, registered at P.S.-Cantt., District-Jabalpur (M.P.) for the offence punishable under Sections 457 and 380 of IPC and 25 of the Arms Act.

A s per prosecution case, on 02.10.2022, Sajal Das, Regional Manager Signature Not Verified Cantt. Store Department Ministry of Defence submitted an application in writing Signed by: MANOJ KUMAR LALWANI Signing time: 1/23/2023 12:09:10 PM 2 before SHO Police Station Cantt. Jabalpur alleging that on 26.09.2022 Jagdish Chouhan Incharge Officer No.06 SK3 had given a memo informing that Index no.86066 Nescafe of Bhandar No.6 are missing. On 23.09.2022, 139 cartoons were kept after counting the same. When he again counted the cartoons 50 cartoons were found missing. 30 more cartoons which were kept at another place were also found missing. On 26.09.2022 when Shri Vijay Kumar Naidu opened the canteen store, he found the net of the window cut and broken. In search, four big plastic gunny bags were found outside the boundary wall and some empty gunny bags and cartoons inside the boundary wall. Someone has stolen the aforesaid articles. On the basis of complaint in writing FIR was registered at Crime No.244/2022 for commission of offence under Sections 380 of IPC. In course of interrogation, on the basis of disclosure memo given by applicants/accused, four small sacks and three big white sacks in total seven gunny bags of Nescafe classic, two cartoons of Iodex in total 11 sacks worth Rs.4,00,000/- (four lakhs) were seized from the possession of the applicant and other co-accused persons. After investigation, charge sheet has been filed.

Learned counsel for the applicant has submitted that the applicant has not committed any offence. He is innocent. He has been falsely implicated. No cartoons or sacks containing Nescafe coffee and Iodex were seized from his possession. After investigation, charge sheet has been filed. The applicant has no criminal background. Therefore, it has been prayed that the applicants may be released on bail.

O n the other hand, learned Panel Lawyer for the respondent/State has opposed grant of bail to the applicant but has fairly admitted that applicant has no criminal background.

After investigation, charge sheet has been filed. Offences are triable by JMFC. The applicant has no criminal background. Trial of the case will take considerable time. Therefore, without expressing any opinion on the merits of the case but having taken into consideration all the facts and circumstances of the case, I am of the view that it is a case in which further pretrial detention of the applicant/accused is not warranted.

Consequently, this first bail applications under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant stand allowed.

It is directed that applicant- Ashutosh @ Aashu Pasi be released on bail on his 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 for his regular appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1. The applicant will comply with all the terms and conditions of the bond executed by them;

2. The applicant will cooperate in the trial;

3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of Signature Not Verified which they are accused;

5. The applicant will not seek unnecessary adjournments during the trial;

This order shall remain effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE MKL Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 1/23/2023 12:09:10 PM