Madhya Pradesh High Court
MCRC/4521/2024 of ANIRUDDH SHIWADE Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGATON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4521 of 2024
BETWEEN:-
ANIRUDDH SHIWADE S/O SHRI VITTHALRAOSHIWADE, AGED ABOUT 62 YEARS, R/O NEAR BUDHAVIHAR JUNI BASTI BESA ROAD BHAGWAN NAGRPARVATI NAGAR NAGPUR DISTRICT MAHARASHTRA(MAHARASHTRA)
(BY SHRI S.K. VERMA - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION BHARVELI DISTRICT BALAGHAT (MADHYAPRADESH)
.....RESPONDENTS
(BY SHRI NARENDRA CHOURASIA - GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the following:
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ORDER
This is first application filed by the applicant under Section 439 of theCode of Criminal Procedure for grant of regular bail relating to FIR No.2/2024registered at Police Station-Bharveli, District-Balaghat (M.P.) for the offenceunder Sections 295-A, 153-A, 34 of the IPC.
2. Learned counsel appearing for the applicant submitted that applicant isin jail since 16.01.2024. Applicant is innocent and has falsely been implicated inthe case. It is submitted that offence is not serious in nature and punishable upto five years of imprisonment and triable by Judicial Magistrate First Class. In these circumstances, applicant may be released on bail.
3. Learned Government Advocate appearing for the State opposed theapplication for grant of bail.
4. Heard the counsel for the parties.
5 . Considering the aforesaid facts and circumstances of the case, without commenting on the merits of the case, bail application filed by applicanti s allowed. It is directed that the applicant shall be released on bail onfurnishing personal bond of Rs.50,000/- (Rs. fifty thousand only) with onesolvent surety in the like amount to the satisfaction of the trial Court concernedfor his regular appearance before Court on all such dates as may be fixed in thisregard during pendency of trial.
6. The applicant shall also abide by the following conditions of Section 437 (3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with the conditions of thebond executed under this Chapter; (b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he issuspected and;
(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as todissuade him from disclosing such facts to the Court or to any police officer ortamper with the evidence.
7. C.C. as per rules.