Madhya Pradesh High Court

MCRC/51513/2023 of ROHIT Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE

HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLAON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 51513 of 2023

BETWEEN:-

ROHIT S/O VIRENDRA SINGH RATHORE, AGED ABOUT18 YEARS, OCCUPATION: PRIVATE JOB RAJEEV NAGAR,RATLAM DIST. RATLAM (MADHYA PRADESH)

(BY SHRI SY. FARDIN MEER, ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH POLICE STATION INDUSTRIALAREA, RATLAM DISTRICT RATLAM (MADHYAPRADESH)

(BY SHRI SANTOSH SINGH THAKUR - G.A.)

.....RESPONDENTS

This application coming on for order this day, the court passed the following:

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ORDER

This is second application under Section 439 of the Cr.P.C. filed onbehalf of the applicant in connection with Crime No.175/2023 registered atPolice Station - Audhyogik Nagar, Ratlam (M.P.) under Sections 307, 294, 323,324, 506, 34 of IPC and section 25 of the Arms Act. The previous applicationwas dismissed as withdrawn with liberty to renew the prayer after recording ofthe statement of injured Rohit and Virendra.

2. Counsel for the applicant submits that both the injured persons Rohitand Virendra have been examined in the court as PW-1 and PW-3. They have not supported the prosecution case. The applicant is in jail since 1.4.2023. Conclusion of trial is likely to take sufficient long time. In these circumstances,the applicant be released on bail.

3. Counsel for the State opposes the prayer for grant of bail on theground that there are criminal antecedents of the applicant.

4. After hearing learned counsel for parties and taking into consideration that injured witnesses have turned hostile and have not supported theprosecution case, the conclusion of trial may take time, I am of the view that theapplicant is entitled for grant of bail, however on certain conditions. Therefore,without expressing any view on the merits of the case, the application isallowed.

5. It is directed that Applicant- Rohit shall be released from custodyupon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only)with one surety of the like amount to the satisfaction of the court below on thefollowing conditions :-

(i) that applicant shall not indulge in any offence during the pendency oftrial and if he indulges in any offence during the bail, the prosecution may file anapplication for cancellation of bail and

(ii) the applicant shall mark his presence before the concerned police onevery 15th day of the month during the pendency of trial.

6. A typed copy of this order is being forwarded to the Office of theAdvocate General, on their email address, for intimation to the Police Stationconcerned. The office is requested to forward a copy of this order to the courtbelow.

C.c. as per rules.

(VIJAY KUMAR SHUKLA)JUDGE

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