Madhya Pradesh High Court
MCRC/4430/2024 of DINESH 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 INDOREBEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGHON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4430 of 2024
BETWEEN:-
DINESH S/O GYAN SINGH KHARTE, AGED ABOUT 26YEARS, OCCUPATION: LABORER R/O RUPKHEDA P.S.GOGAWA DISTT.KHARGONE (MADHYA PRADESH)
(BY SHRI AVINASH YADAV-ADVOCATE )
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH POLICE STATION BISTAN DISTT.KHARGONE (MADHYA PRADESH)
.....RESPONDENTS
( SAMEER VERMA PL APPEARING ON BEHALF OF ADVOCATEGENERAL.)
This application coming on for admission this day, the court passed the following:
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ORDER
Heard and perused the case diary.
This is the first bail application filed by the applicant under Section 439of the Code of Criminal Procedure for grant of regular bail relating to CrimeNo.03/2023, registered at P.S.- Bistan, District-Khargone (M.P.) for the offencepunishable under Section 302,120-B of IPC. The applicant is in detention since06.10.2023.
2. The allegation against the applicant is that he helped the co-accusedpersons in the commission of murder of the deceased.
3. Learned counsel for the applicant has submitted that the applicant isinnocent and has been falsely implicated in this crime. The applicant has madeaccused only on the basis of memorandum statement of main accused personnamely Totaram. Co-accused Dinesh has been enlarged on bail by this Courtvide order dated 23.01.2024, passed in MCRC No.2544/2024 and the presentapplicant has complete parity with the co-accused person. The applicant is incustody since 06.10.2023. The conclusion of the trial is likely to take sufficientlong time, therefore, it is prayed that the application be allowed and theapplicant be released on bail.
4. Learned counsel for the State has vehemently opposed the prayer andprayed for its dismissal.
5. Considering the facts and circumstances of the case and the argumentsadvanced by learned counsel for the parties, without commenting on the meritsof the case, the application filed by the applicant is allowed.
6. It is directed that the applicant be released on bail on his/her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, toappear before the trial Court on the dates given by the Court. The applicantshall also abide by the conditions enumerated under Section 437 (3) CriminalProcedure Code, 1973.
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.
(PREM NARAYAN SINGH)JUDGE