Madhya Pradesh High Court
MCRC/1964/2024 of VIJENDRA Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGHON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 1964 of 2024
BETWEEN:-
VIJENDRA S/O GEETAPRASAD, AGED ABOUT 40 YEARS, OCCUPATION: LABOR R/O KANJARDERA GRAM CHOTA BERASIYA TEHSIL NARSIGHGARH DISTT. RAJGARH (MADHYA PRADESH)
(SHRI RAJ KUMAR SWARNKAR - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION NARSINGHGARH DIST. RAJGARH (MADHYA PRADESH)
(SHRI AJAY RAJ GUPTA - PANEL LAWYER)
.....RESPONDENTS
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
Heard and perused the record.
This first bail application has been filed on behalf of the applicant underSection 439 of the Code of Criminal Procedure for grant of bail relating toCrime No.608/2023 dated (not mentioned), registered at Police Station-Narsinghgarh, District-Rajgarh (M.P.) for the offence under Sections 457, 380,461 of IPC, 1860. The applicant is in custody since 05.10.2023.
2 . A s per prosecution story, it is alleged that the applicant has committed theft of cash and gold & silver ornaments.
3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. The applicant is HIV positive. Healso submits that the co-accused Subey @ Subi @ Dubey has already beengranted bail vide order dated 02.12.2023 in M.Cr.C. No. 290/2023. The case istriable by Judicial Magistrate First Class. The applicant is in jail since05.10.2023 i.e. more than three months have been completed and finalconclusion of trial will take sufficient long time. Under these circumstances,counsel prays for grant of bail to the applicant.
4. On the other hand, learned counsel for the State opposed the prayerand prayed for its rejection by submitting that there are thirteen criminal casesregistered against the applicant.
5. In reply, counsel for the applicant submits that only on the basis ofcriminal antecedents, no one can be kept in jail for indefinite period.
6. After hearing learned counsel for the parties and looking to the factsand circumstances of the case as well as custody period of the applicant andalso the case is triable by JMFC and the applicant is HIV positive, I am of theview that it is a case in which applicant may be released on bail. Consequentlywithout commenting on the merits of the case, first bail application underSection 439 of the Code of Criminal Procedure for grant of bail filed on behalfof applicant, stands allowed.
7 . It is directed that the applicant/accused be released on bail on hisfurnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand only)with one solvent surety in the like amount to the satisfaction of the trial Courtfor securing his presence before the said Court on all the dates of hearing fixedin this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
8. This order shall be effective till the end of the trial. However, in caseo f bail jump and breach of any of the conditions of bail, it shall becomeineffective.
Certified copy as per rules.
sumathi
(PREM NARAYAN SINGH)JUDGE