Madhya Pradesh High Court
MCRC/3145/2024 of JITESH WASWANI @ LALU @ NITESH Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SMT.
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE
HON'BLE SMT. JUSTICE ANURADHA SHUKLAON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 3145 of 2024
BETWEEN:-
JITESH WASWANI @ LALU @ NITESH, S/O SHRI DILIPWASWANI, AGED ABOUT 29 YEARS, OCCUPATION:SHOP OF TYPING, R/O H. NO. G-9/14, NEAR BANK OFBARODA, BAIRAGARH BHOPAL, DISTRICT BHOPAL(MADHYA PRADESH)
(BY SHRI ANKIT SAXENA - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION BAIRAGARH, DISTRICT BHOPAL (MADHYAPRADESH)
(BY SHRI JITENDRA PARIHAR - PANEL LAWYER)
.....RESPONDENT
This application coming on for admission this day, the Court passed the following:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This is second bail application filed by the applicant under Section 439of the Code of Criminal Procedure 1973 for grant of bail relating to FIR/CrimeNo.325/2023 dated 01.09.2023 registered at Police Station Bairagarh, DistrictBhopal (M.P.), for the offences punishable under Sections 294, 323, 307, 506,34, 201 of IPC and Section 25 of the Arms Act. His earlier bail application(M.Cr.C. No.50778/2023) was dismissed on merits vide order dated09/11/2023.
Learned counsel for the applicant has submitted that applicant is innocent and has been falsely implicated in the crime in question. The applicant is injudicial custody since 01.09.2023 and the trial will take considerable time toconclude. The applicant is a permanent resident of the district and there is nolikelihood of his absconding or tampering with the prosecution evidence. Theapplicant is ready to furnish surety and shall abide by all the directions andconditions imposed upon him by the court. Upon these circumstances, theapplicant may be released on bail.
Learned counsel for the State has opposed the bail application andprayed for its rejection.
Heard learned counsel for the parties and perused the case diary.
This repeat bail application has been argued on the ground that thestatements of complainant Heeralal Babani have been recorded as PW-1. Certified copies thereof are filed on record. It shows that not a word has beenstated by the injured complainant against applicant Jitesh Waswani @ Lalu @Nitesh and he has also denied to have identified the applicant at the time ofincident. It is strange that the applicant was named in the FIR and also his rolewas narrated in the police statements of complainant, still the complainant wasnot declared hostile for resiling from his previous statements about the role ofpresent applicant.
The bail application has been opposed by counsel for the State on theground that applicant has a criminal record of 12 cases, but having consideredthe statements of victim given on an oath, this repeat bail application isallowed.
It is directed that the applicant shall be released on bail on his furnishing apersonal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one local solvent surety in the like amount to the satisfaction of the trial Courtconcerned for his appearance before the said Court on all such dates as may befixed in this regard during the pendency of trial.
It is further directed that the applicant shall comply with the provisions ofSection 437(3) of the Cr.P.C.
Accordingly, this M.Cr.C. stands allowed and disposed of.
sjk
(ANURADHA SHUKLA)JUDGE