Madhya Pradesh High Court
MCRC/4378/2024 of GANESH Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGATON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4378 of 2024
BETWEEN:-
1.GANESH S/O PREETAM PRAJAPATI, AGED ABOUT27 YEARS, OCCUPATION: LABOUR R/O WARD NO14 PATHARIYA P.S. PATHARIYA DISTRICT DAMOH(MADHYA PRADESH)
2.NARESH S/O BAHADUR ATHYA, AGED ABOUT 28YEARS, OCCUPATION: LABOUR R/O WARD NO.14PATHARIYA P.S. PTHARIYA DISTRICT DAMOH(MADHYA PRADESH)
(BY SHRI SHISHIR VERMA - ADVOCATE)
.....APPLICANTS
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION PATHARIA DISTRICT DAMOH (MADHYAPRADESH)
(BY SHRI Y.D. YADAV - 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 application filed by the applicants under Section 439 ofthe Code of Criminal Procedure for grant of regular bail, who are in jail since29.09.2023 relating to FIR No.495/2023 registered at Police Station PathariyaDistrict Damoh (M.P.) for the offences under sections 302, 201, 34 of the IPCand Sections 146/196 of the M.V. Act.
2. Learned counsel appearing for the applicants submitted that the applicants are not main accused in the case. As per prosecution version, oneBuddan is said to have committed murder of deceased. Only allegation againstthe applicants is for disappearance of evidence and screening the offender. It issubmitted that there was no common intention of applicants in causing murder.Offence under Section 201 of the IPC is punishable with seven years ofimprisonment.
3. Learned Government Advocate appearing for the State opposed theapplication for grant of bail and submitted that considering the nature ofoffence, applicant may not be granted bail.
4. Heard the counsel for the parties.
5. Considering aforesaid facts and circumstances of the case, withoutcommenting on merits of the case, bail application filed by applicants isallowed.
6. It is directed that applicants be released on bail on their furnishing personal bond of Rs.50,000/-(Rs. fifty thousand only) each with a solventsurety in the like amount to the satisfaction of the trial court for their regularappearance before concerned Court on all such dates as may be fixed in thisregard during pendency of trial.
7. The applicants shall also abide by the conditions enumerated underSection 437 (3) of Cr. P. C.
C.C. as per rules.
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(VISHAL DHAGAT)JUDGE