Madhya Pradesh High Court
MCRC/4612/2024 of TALIM 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. 4612 of 2024
BETWEEN:-
TALIM S/O SHEKU, AGED ABOUT 21 YEARS,OCCUPATION: LABOR SUSADAIYA MULTAN DIST.MANDSOR (MADHYA PRADESH)
.....APPLICANT
(SHRI MANISH YADAV, LEARNED COUNSEL FOR THE PETITIONER .
AND
THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH POLICE STATION KANWAN, DIST.DHAR (MADHYA PRADESH)
.....RESPONDENTS
(SHRI AJAY RAJ GUPTA APPEARING ON BEHALF OF ADVOCATEGENERAL.
This application coming on for admission this day, the court passed the following:
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ORDER
This is second application filed on behalf of the applicant for grant ofregular bail under Section 439 of the Code of Criminal Procedure, 1973 relatingto FIR No.639/2023 dated (not mentioned), registered at Police Station-Kanwan, District-Mandsaur (M.P.) for the offence punishable under Sections279, 337 of the Indian Penal Code, 1860 and under Section 4, 6, 6-a, 9 of M.P.Govansh VAdh Pratished Adhiniyam and section 11(d) of Prevention ofCruelty to the Animals Act. The applicant is in custody since 09.11.2023. 2. Earlier, first bail application was dismissed as withdrawn by this Court with liberty to renew the prayer after 45 days.
3 . Learned counsel for the applicants submits that the applicant isinnocent and has falsely been implicated in this case. It is further submitted firstbail application was dismissed as withdrawn by this Court with liberty to renewthe prayer after 45 days and now, the aforesaid period has already been lapsed. The applicant is in custody since 09.11.2023. Final conclusion o f the trial islikely to take sufficient long time, therefore, it is prayed that the application beallowed and the applicants be released on bail.
4. Counsel for the respondent/State, on the other hand, has opposed theprayer and prays for its rejection.
5. Having taken into consideration all the facts and circumstances of thecase, custody period of the applicant and liberty to granted to the applicant, Iam inclined to release the applicant on bail. Consequently, without commentinganything on the merits of the case, bail application under Section 439 of theCode of Criminal Procedure filed on behalf of applicant, stands allowed.
6. It is directed that applicant be released on bail on his furnishing apersonal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) withone solvent surety in the like amount to the satisfaction of the trial Court, for hisregular appearance before the trial Court during trial with a condition that heshall remain present before the concerned Court on all the dates fixed by itduring trial. He shall abide by all the conditions enumerated under Section437(3) of Cr.P.C.
7. This order shall be effective till the end of the trial. However, in case ofbail jump and breach of any of the conditions of bail, it shall becomeineffective.
Certified copy as per rules.
amit
(PREM NARAYAN SINGH)JUDGE