Madhya Pradesh High Court
MCRC/26853/2017 of MAHESH Vs THE STATE OF MADHYA PRADESH on 28 December 2017
Kishore Verma, learned counsel for the
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28/12/2017
Shri Navneet Kishore Verma, learned counsel forthe applicants.
Shri Aditya Garg, learned counsel for theRespondent/State.
Heard on the question of grant of bail.
This is the first application made by the applicants(accused) under Section 439 Cr.P.C. for grant of bail duringtrial.
The applicants are in custody since 14/6/2017 for theoffence punishable under Section 394 of the IPCregistered with Police Station Makdon, District Ujjain inCrime No.624/2016.
As per prosecution story, one Manglesh Khelwar hadmade an oral report to the police on 2/12/2016 allegingthat when he was passing through a road betweenChandaniya Khedi and Ujjain a boy thrown a stick on himand he fell down, then two boys beaten him with sticks andlooted 1.50,000/-, I.D Card and Diary etc.
Shri Verma, learned counsel for applicants submitsthat the applicants are innocent and out of three accused,one of the accused in another Crime No.235/2017 U/S.394of the IPC in which this court vide order dated 14/11/2017in M.Cr.C. no.21893/2017 has already granted the bail.The police has conducted the identification and the samehas been failed.
Shri Garg, learned counsel for State opposes the bailapplication.
Case diary perused.
On perusal of the case diary and looking to the factthat the applicants have been made accused on the basisof oral complaint made by Manglesh Khelwar, but theidentification has been failed as also considering the factthat the the applicants are youth aged about 19-21 yearsand in case of further custody, their future may be spoiled,I find prima facie force in the submissions made by thecounsel for applicants. Hence I am of the considered viewthat the application for grant of bail deserves to be allowedand is accordingly allowed.
The applicants are directed to be released on bailupon each of them furnishing a personal bond in the sumof Rs.50,000/- (Rupees fifty thousand) with one separatesurety in the like amount to the satisfaction of the TrialCourt for their appearance as and when directed.
The applicants will attend each hearing of the trialbefore the Trial Court out of which this bail arises. Anydefault in attendance in Court would result in automaticcancellation of the bail granted by this Court.
Certified copy as per rules.
(VIVEK RUSIA) Vacation Judge
Varghese MathewDigitally signed by Varghese Mathew DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=452001, st=Madhya Pradesh, 2.5.4.20=b06e85e8115fd7cc0bb34a0888d1d430f979382d4c898692d55d8dbb4d9b937e, cn=Varghese Mathew