MCRC/59203/2022 of DHARU Vs THE STATE OF MADHYA PRADESH on 29 December 2022

IN THE HIGH COURT OF MADHYA PRADESHAT INDORE

BEFORE

HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)ON THE 29[th] OF DECEMBER, 2022

MISC. CRIMINAL CASE No. 59203 of 2022

BETWEEN:-

DHARU S/O MANGUJI, AGED ABOUT 31 YEARS,OCCUPATION: LABOUR VILLAGE DEVDHA, TEHSILKUKSHI, DISTRICT DHAR. (MADHYA PRADESH)

(SHRI ASHISH GUPTA- ADVOCATE)

.....APPLICANT

AND

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

(SHRI NITIN SINGH BHATI - GOVERNMENT ADVOCATE)

.....RESPONDENT

This application coming on for orders this day, the court passed thefollowing:ORDER

This is the first application under Section 439 of Cr.P.C. filed by theapplicant for grant of bail. The applicant has been implicated in connectionwith Crime No.437/2021, registered at Police Station - Industrial Area, Jaora,District Ratlam (M.P.) for offences punishable under Sections 454 and 380 ofIPC. The applicant is in custody since 03/11/2022.

As per prosecution story, the allegation against the applicant is that he isinvolved in the offence wherein some unknown persons have broken the lock ofcomplainant's house and stolen golden and silver ornaments including some cash

amount. Accordingly, offence has been registered and after investigation presentapplicant has been implicated in the offence.

Learned counsel for the applicant submits that the applicant is innocent andhas been falsely implicated in this case. There is no legal evidence available onrecord to connect the applicant with the aforementioned offence. Two goldearrings and two silver anklet have been recovered from his possession. Offence isexclusively triable by Judicial Magistrate First Class. Investigation is over andcharge sheet has been filed. Applicant is the sole bread earner of his family.

It is further submitted that seven cases have been registered against him in aday and out of seven, in five cases, he has been granted bail by this court and inone case he has been granted bail by the trial Court. He is in custody since03/11/2022 and conclusion of trial will take sufficient long time. On the aforesaidgrounds, prayer is made to release the applicant on bail.

On the other hand, learned counsel for the non-applicant/State opposedthe prayer and prays for its rejection.

Considering the facts and circumstances of the case and the argumentsadvanced by the counsel for the parties, without commenting on the merits ofthe case, the application is allowed with conditions.

The applicant is directed to be released on bail upon his furnishingpersonal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) withone surety in the like amount to the satisfaction of the trial Court forhis appearance before the trial Court on all dates of hearing as may befixed in this behalf by the trial Court during the pendency of trial andshall also abide by the conditions enumerated under section 437 (3) of the Cr.p.C. The applicant will not involve in any offence of the samenature in future. If the applicant is found involved in similar nature ofcases, this order shall stand cancelled automatically without referenceto the Court and the police will be at liberty to arrest the applicant in thepresent case also.

C.c as per rules.

(AMAR NATH (KESHARWANI))JUDGE

Sourabh