Madhya Pradesh High Court
MCRC/3080/2024 of RAVI KUMAR VISHWAKARMA 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. 3080 of 2024
BETWEEN:-
RAVI KUMAR VISHWAKARMA S/O UMESHVISHWAKARMA, AGED ABOUT 26 YEARS,OCCUPATION: AGRICULTURE VILLAGE POST BARELI,POLICE STATION GOHPARU DISTRICT SHAHDOL(MADHYA PRADESH).
(SHRI BRIJESH MISHRA - ADVOCATE FOR APPLICANT)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION GOHPARU DISTRICT SHAHDOL (MADHYAPRADESH).
.....RESPONDENT
(SHRI AKSHAY NAMDEO - GOVERNMENT ADVOCATE FOR STATE ANDSHRI S.K. DWIVEDI - ADVOCATE FOR OBJECTOR)
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 applicant under Section 439 of Code of Criminal Procedure for grant of regular bail relating to FIRNo.478/2023, registered at Police Station-Gohparu, District Shahdol (M.P.) forthe offence punishable under Sections 354-A, 354-B, 294, 506, 323, 384, 385,34 of IPC and Section 67 of IT Act.
2. Learned counsel appearing for applicant submitted that prosecutrix hasappeared before trial Court and she has not objected application for grant of bail. Applicant is in jail since 22.10.2023. In these circumstances, applicant bereleased on bail.
3. Counsel appearing for the complainant also submitted before Court that he does not have any objection if applicant is released on bail.
4. Learned Government Advocate appearing for the State opposed thebail application. It is submitted that offence under Section 354 of IPC ispunishable with 5 years' imprisonment and offences under Sections 384 and385 of IPC are punishable with 3 years' imprisonment.
5. Heard learned counsel for the parties.
6. Considering the nature of offence and no objection given by counsel for complainant, bail application filed by the applicant is allowed. It is directedthat the applicant shall be released on bail on his furnishing personal bond in thesum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety inthe like amount to the satisfaction of the trial Court concerned for his regularappearance before Court on all such dates as may be fixed in this regard duringpendency of trial.
7. 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 theconditions of the bond executed under this Chapter; (b) that such person shall not commit any offence similar to theoffence of which he is accused, or suspected of the commission ofwhich he is suspected and;
(c) that such person shall not directly or indirectly make anyinducement, threat or promise to any person acquainted with thefacts of the case as to dissuade him from disclosing such facts tothe Court or to any police officer or tamper with the evidence.
8. Certified copy as per rules.
(VISHAL DHAGAT)JUDGE