Madhya Pradesh High Court
MCRC/4300/2024 of HABBU SINGH 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 JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGATON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4300 of 2024
BETWEEN:-
HABBU SINGH S/O GHUDELAL, AGED ABOUT 55 YEARS,OCCUPATION: LABOUR R/O VILLAGE KALYAKHEDI,POLICE STATION SEONI, DISTRICT NARMADAPURAM(MADHYA PRADESH).
(BY SHRI L.N. SAKLE - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH THEPOLICE STATION SEONI MALWA DISTRICTNARMADAPURAM (MADHYA PRADESH).
(BY SHRI AKSHAY NAMDEO - GOVERNMENT ADVOCATE)
.....RESPONDENT
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 ofCode of Criminal Procedure for grant of regular bail relating to FIR No.699/2023, registered at Police Station-Seoni Malwa, District Narmadapuram(M.P.) for the offence punishable under Sections 294, 323, 307, 506 and 34 ofIPC.
2 . Learned counsel appearing for applicant submitted that other co-accused persons namely Kewalram and Ramshankar were released on bail videorder dated 23.01.2024 passed in M.Cr.C. No. 1186/2024. Case of applicant is similar to that of co-accused persons. It is submitted that applicant has notcaused any injury. Applicant is in jail since 27.11.2023. In these circumstances,applicant be released on bail.
3. Learned Government Advocate appearing for the State opposed the bail application. It is submitted that offence is serious in nature.
4. Heard learned counsel for the parties.
5 . Considering the facts of the case and on ground of parity, bail application filed by the applicant is allowed. It is directed that the applicantshall be released on bail on his furnishing personal bond in the sum ofRs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the 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.
6. 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.
7. Certified copy as per rules.