Madhya Pradesh High Court
MCRC/4361/2024 of CHHEGA Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE
1
IN THE HIGH COURT OF MADHYA PRADESHAT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGHON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4361 of 2024
BETWEEN:-
1.CHHEGA S/O BALIYA MANDLOI, AGED ABOUT 40 YEARS, OCCUPATION: AGRICULTURISTAGED ABOUT 40 YEARS, OCCUPATION: AGRICULTURIST
R/O. BAIJDA, TEHSIL ALIRAJPUR
DISTRICT ALIRAJPUR (MADHYA PRADESH)
2.GILDAR S/O RUMALIYA BHAIDIYA, AGED ABOUT 34 YEARS, OCCUPATION: AGRICULTURIST R/O. BAIJDA TEHSIL ALIRAJPUR DIST ALIRAJPUR (MADHYA PRADESH)AGED ABOUT 34 YEARS, OCCUPATION: AGRICULTURIST R/O. BAIJDA TEHSIL ALIRAJPUR DIST ALIRAJPUR (MADHYA PRADESH)
(SHRI ASHISH GUPTA - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION SONDAVA, DISTRICT ALIRAJPUR (MADHYA PRADESH)
(SHRI SAMEER VERMA - PANEL LAWYER)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
1. This is the first bail application filed on behalf of the applicants under Section 439 of the Code of Criminal Procedure for grant of bail. The applicantis arrested in relation to Crime No.259/2023, registered at Police StationSondawa, District Alirajpur for the offence under Sections 365, 195-A, 120-B, 467, 471, 149 of IPC. 1860. The applicant is in jail since 24.08.2023.
2. As per the prosecution story, the allegations against the applicants isthat they have kidnapped the complainant and threaten them.
3 . Learned counsel for the applicants submits that the applicants areinnocent and they have falsely been implicated in this case. It is furthersubmitted that the allegations were leveled against the applicants by thecomplainants regarding kidnapping for threatening for false statement. It isfurther submitted that the statements of complainant and her husband hasalready been recorded before the trial court and they have turned hostile and notsupported the prosecution story. Co-accused persons Bhayla and Makna havealready been granted bail by this Court vide order dated 22.01.2024 passed inM.Cr.C. No.794/2024 and the case of the applicants are similar to that of co-accused persons. The applicants are in jail since 24.08.2023. Final conclusionof trial will take a sufficient long time. Under these circumstances, counselprays for grant of bail to the applicants.
4. On the other hand, learned counsel for the State has opposed theprayer, but fairly admitted that the complainant and her husband have turnedhostile before the trial court.
5. After hearing learned counsel for the parties and looking to the factsand circumstances of the case and the complainant has turned hostile andcustody period, so also the on the ground of parity with co-accused persons, Iam of the view that it is a case, in which the applicants may be released on bail.Consequently, without commenting on the merits of the case, the first bailapplication under Section 439 of the Code of Criminal Procedure for grant ofbail filed on behalf of applicants, stands allowed.
6. It is directed that the applicantsbe released on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) eachwith one solvent surety each in the like amount to the satisfaction of the trialCourt, for their regular appearance before the trial Court during trial with acondition that they shall remain present before the concerned Court on all thedates fixed by it during trial. They shall abide by all the conditions enumeratedunder Section 437(3) of Cr.P.C.
7. This order shall be effective till the end of the trial. However, in case ofbail jump and breach of any of the conditions of bail, it shall becomeineffective.
Certified copy as per rules.
sumathi
(PREM NARAYAN SINGH)JUDGE