Madhya Pradesh High Court
MCRC/4575/2024 of ABHISHEK 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. 4575 of 2024
BETWEEN:-
ABHISHEK S/O DILIP CHOUDHARY, AGED ABOUT 20YEARS, R/O URDUVA KHURD CHOUDHARY MOHALLAPOLICE STATION PANAGAR DISTRICT JABALPUR(MADHYA PRADESH)
(BY SHRI VIDYA PRASAD - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION GOSALPUR DISTRICT JABALPUR (MADHYAPRADESH)
(BY MS. NUPUR DHAMIJA - PANEL LAWYER)
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
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ORDER
This is second application filed by the applicant under Section 439 of theCr.P.C. for grant of regular bail relating to FIR No.443/2023, dated 25.09.2023registered at Police Station-Gosalpur, District-Jabalpur (M.P.) for commissionof offence punishable under Sections 379, 34 of IPC. Applicant is in detentionsince 17.10.2023.
2. Applicant's first bail application was dismissed as withdrawn and not pressed vide order dated 20.12.2023 passed in M.Cr.C. No.54072 of 2023.
3. As per the prosecution story, on 25.09.2023, Sushil Kumar Korilodged an F.I.R. about theft of motor-cycle bearing registration No. MP-20-NH-8863 which he had parked in street near house of Vigyan Singh Thakur atGosalpur. FIR was registered almost after one month & 16 days of the incident.Stolen motor-cycle was seized from the present applicant and one other. Afterinvestigation, charge-sheet has been filed.
4 . Learned counsel for the applicant has submitted that applicant is indetention since 17.10.2023. He has not committed any offence. He is innocent.He has been falsely implicated. No motor-cycle was seized from possession ofthe present applicant. Offence is triable by JMFC. The trial of the case will takeconsiderable time. Therefore, it is prayed that the applicant may be released onbail pending the trial.
5 . O n the other hand, learned counsel for the State has opposed theprayer for grant of bail on the ground of criminal backgrounds of accused.
6. In this case, offence is triable by Judicial Magistrate First Class. Afterinvestigation, charge-sheet has already been filed. Therefore, having taken intoconsideration all the facts and circumstances of the case including the fact thatconclusion of trial will take considerable time, but without expressing anythingon the merits of the case, I am of the view that it is a case in which further pre-trial detention of the applicant is not warranted. Consequently, this bailapplication under Section 439 of the Code of Criminal Procedure for grant ofbail filed on behalf of applicant, stands allowed.
7 . It is directed that applicant - Abhishek be released on bail on hisfurnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousandonly) with one solvent surety in the like amount to the satisfaction of the trialCourt, for his regular appearance before the trial Court during trial with a 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.
8. 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.
(DINESH KUMAR PALIWAL)JUDGE@shish