Madhya Pradesh High Court

MCRC/57168/2023 of RITESH YADAV Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

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IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE

HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWALON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 57168 of 2023

BETWEEN:-

RITESH YADAV S/O MAHENDRA SINGH @ BABLUYADAV, AGED ABOUT 23 YEARS, OCCUPATION:LABOUR VILLAGE KARONDA TEHSIL BINA DISTRICTSAGAR (MADHYA PRADESH)

(BY MS. RASHI DUA - ADVOCATE )

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH POLICESTATION BHANGARH DISTRICT SAGAR (MADHYAPRADESH)

(BY MS. SEEMA PANDEY - PANEL LAWYER )

.....RESPONDENT

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

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ORDER

This is the first bail application filed by the applicant under Section 439of the Code of Criminal Procedure for grant of regular bail relating to CrimeNo.279/2023 registered at Police Station - Bhangarh District Sagar (M.P.) forthe offence punishable under Sections 3294, 458, 327, 427, 506, 34 of IPC.Applicant is in detention since 29.11.2023.

2. As per the prosecution story, allegation against the applicant is that healongwith other two persons entered the house of the complainant abusing himwith the intention to beat him. Thereafter, thereafter the complainant locked himself in another room so, the accused persons broke the chair with sticks,causing a loss of Rs.4000/-. He called his cousins Shishupal, Mahipal, Ankitand Abhay and when they came, the accused persons ran away and said that ifthey ever meet in future, they will kill them. On the basis of information, offenceunder aforesaid sections has been registered against the present applicant.

3. Learned counsel for the applicant submitted that applicant in jail since 29.11.2023. He is innocent and has been falsely implicated. Offence is triable byJMFC. Trial will take considerable time. Charge sheet has been filed. Therefore,it has been prayed that the applicant may be released on bail.

4. On the other hand, learned counsel for State has opposed the prayerfor grant of bail to the applicant on the ground of his criminal past.

5. Having taken into consideration all the facts and circumstances of thecase, but without commenting on merit of the case, I am inclined to release theapplicant on bail. Consequently, bail application under Section 439 of the Codeo f Criminal Procedure for grant of bail filed on behalf of applicant, standsallowed.

6. It is directed that applicant be released on bail on his furnishing apersonal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) withone solvent suretyin the like amount to the satisfaction of the trial Court, for hisregular appearance before the trial Court during trial with a condition that heshall remain present before the concerned Court on all the dates fixed by itduring trial. He shall abide by all the conditions enumerated under Section437(3) of Cr.P.C.In case of breach of any of the aforementioned conditions,the bail granted by this Court shall stand rejected automatically.

7. This order shall be effective till the end of the trial. However, in caseof bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

anu

(PRAMOD KUMAR AGRAWAL)JUDGE

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