Madhya Pradesh High Court
MCRC/3625/2024 of LUCKY SINGH JHARIA Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWALON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 3625 of 2024
BETWEEN:-
LUCKY SINGH JHARIA S/O MOTI SINGH JHARIA, AGEDABOUT 29 YEARS, OCCUPATION: LABOURER R/OVILLAGE DEODHARA, THANA, TEHSIL AND DISTRICTMANDLA (MADHYA PRADESH)
(BY SHRI UDAY KUMAR - ADVOCATE )
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION GHANSAUR DISTRICT SEONI (MADHYAPRADESH)
(BY SHRI S. K. GUPTA - PANEL LAWYER)
.....RESPONDENT
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 theCr.P.C. for grant of regular bail relating to FIR No.10/2024, dated 8.1.2024registered at Police Station-Ghansaur, District-Seoni (M.P.) for commission ofoffence punishable under Sections 307, 379, 414, 34 of IPC, Section 4, 21 ofMines and Minerals Act and Section 66/192A, 132/177(1) of Motor VehiclesAct. Applicant is in detention since 08.1.2024.
2. As per the prosecution story, on 8.1.2023 Head Constable ManiramChandravanshi along with Head Constable Rakesh Mishra, Constable 599
Pankaj Pataskar, Constable 672 Raja Pawar and Constable 609 Pankaj Bhalaviwere going towards Diwari side. In the meantime, they received informationabout illegal transportation of sand through Hyva vehicle. At around 4.30 P.M.they saw one Hyva bearing registration No. MP 66H 1319 coming in high speedfrom Ghansaur side. When Constable 609 Pankaj Bhalavi gave signal to stop,the driver of the vehicle with an intention to kill Constable Pankaj Bhalavi, spedaway the vehicle. If he was not pulled back, he could have been murdered bycrushing under the wheels of the vehicle. FIR was registered.
3. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. Theallegations are against Driver Jitendra and not against the present applicant whois Conductor of Hyva. Therefore, it is prayed that the applicant may be releasedon bail pending the trial.
4 . O n the other hand, learned counsel for the State has opposed theprayer for grant of bail to the applicant.
5 . Admittedly, applicant was Conductor of the vehicle and not theDriver. Allegations are against driver. Applicant has no criminal background. Therefore, having taken into consideration, totality of allegations, including factsand circumstances of the case, but without expressing anything on the merits ofthe case, I am of the view that it is a case in which further pre-trial detention ofthe applicant is not warranted. Consequently, this bail application under Section439 of the Code of Criminal Procedure for grant of bail filed on behalf ofapplicant, stands allowed.
6. It is directed that applicant - Lucky Singh Jharia be released on bailon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fiftythousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial witha condition that he shall remain present before the concerned Court on all thedates fixed by it during trial. He shall abide by all the conditions enumeratedunder Section 437(3) of Cr.P.C.
7. 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.
mrs. mishra
(DINESH KUMAR PALIWAL)JUDGE