Madhya Pradesh High Court
MCRC/55090/2023 of MANISH RAJPUT @ DANDA Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKARON THE 29[th] OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 55090 of 2023
BETWEEN:-
MANISH RAJPUT @ DANDA S/O SHRI BHOOP SINGHRAJPUT, AGED ABOUT 40 YEARS, R/O AYURVEDIKCOLLAGE KE PAAS AAMKHO KAMPOO LASHKARGWALIOR (MADHYA PRADESH)
(BY SHRI KUSHAL SINGH- ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION KAMPOO DISTRICT GWALIOR (MADHYAPRADESH)
(BY SHRI SHUSHANT TIWARI- PANEL LAWYER)
.....RESPONDENT
MISC. CRIMINAL CASE No. 53662 of 2023
BETWEEN:-
AMAR BALMIK W/O SHRI BHAGWANDAS BALMIK,AGED ABOUT 34 YEARS, R/O NEAR NEHAR WALIMATA KA MANDIR GALI NO 5 NAKACHAN D R AWAN I GWALIOR MP (MADHYAPRADESH)
(BY SHRI MEHMOOD KHAN- ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGHPOLICE STATION KAMPOO DISTRICT GWALIOR(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI SHUSHANT TIWARI- PANEL LAWYER)
This application coming on for admission this day, the court passed the following:
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ORDER
Heard and perused the case diary/challan papers.
This order shall also govern disposal of M.Cr.C.No.53662 as both the applications have arisen out the same crime number of the same police station.
This is applicants' first application under Section 439 of CriminalProcedure Code, 1973, as they are implicated in connection with CrimeNo.308/2023 registered at Police Station Kampoo, Gwalior (MP) for offencepunishable under Sections 327, 341, 294, 323, 506 and 34 of IPC. Applicantsare in jail since 29.7.2023 and 26.10.2023 respectively.
Allegation against the applicants is that they demanded money from thecomplainant to consume liquor.
Counsel for the applicants have submitted that the charge sheet hasalready been filed and the applicants are in jail since 29.07.2023 and finalconclusion of the trial is likely to take sufficient long time, therefore, it is prayedthat the applications be allowed and the applicants be released on bail.
Counsel for the respondent / State, on the other hand, has opposed theprayer and it is submitted that against applicant Manish Rajput 22 case areregistered whereas against applicant Amar Balmik, 16 cases have beenregistered..
Having considered the rival submissions and on perusal of the casediary,considering the period of incarceration as applicants are lodged in jailsince 29.07.2023 and 26.10.2023 respectively, and the final conclusion of thetrial is likely to take sufficient long time, without reflecting anything on the merits of the case, the application filed under Section 439 of Cr.P.C. on behalf of theapplicants is hereby allowed.
7. The applicants are directed to be released on bail upon furnishing a personal bond in the sum of Rs.25 ,000/- (Rupees Fifty Thousand Only)each with one solvent surety of the like amount to the satisfaction of the trialCourt for his regular appearance before the trial Court during trial with acondition that they shall remain present before the court concerned during trialand shall also abide by the conditions enumerated under Section 437 (3)Criminal Procedure Code, 1973.
Looking to the criminal antecedents of the applicants they are directed tomark their presence before Police Station concerned on last Sunday of every month between 12 p.m. to 4 p.m. It is also made clear that if theapplicants are found in any of the criminal activities, after his / her release onbail, then the present bail order shall stand cancelled without further reference tothis Court; and the State / prosecution will be free to arrest the accused in thepresent case also.
This order shall be effective till the end of the trial, however, in case ofbail jump, it shall become ineffective.
Certified copy as per rules.
Vishal
(SUBODH ABHYANKAR)V. JUDGE