Madhya Pradesh High Court

MCRC/4378/2024 of GANESH Vs THE STATE OF MADHYA PRADESH on 2 February 2024

Cites 0, Cited by 0

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:

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

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.

pn

(VISHAL DHAGAT)JUDGE

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead