CHARAN SINGH@FOJI v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-10. CHARAN SINGH@FOJI v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV th ON THE 10 OF JANUARY, 2024 MISC. CRIMINAL CASE No. 56773 of 2023 BETWEEN:- CHARAN SINGH@FOJI S/O SHRI BACCHU SINGH, AGED ABOUT 37 YEARS, R/O DAUDPUR THANA FATEHPUR SIKARI DISTRICT AGRA (UTTAR PRADESH) ..... APPLICANT (BY MR. ABHISHEK PARASHAR - ADVOCATE) AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION STATION ROAD DISTRICT MORENA (MADHYA PRADESH) ..... RESPONDENT/STATE (BY MR. PRABHAT PATERIYA - DY. PUBLIC PROSECUTOR) This application coming on for Admission this day, the court passed the following: ORDER This is the forth application filed by the applicant under Section 439 of the Cr. P. C. for grant of bail relating to FIR No. 236 of 2018 registered at Police Station Station Road, District Morena (M. P. ) for the offence under Sections 364-A of IPC and section 11,13 of MPDVPK Act.
Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. Co-accused Dharmveer Singh Rana was granted bail in M. Cr. C. No. 50952 of 2023 vide order dated 20. 11. 2023 and thereafter in changed circumstances, present bail application has been filed. It is further argued that co-accused - Dharmendra Jat has also been granted bail in Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 1/11/2024 9:47:02 AM M. Cr. C. No. 6596 of 2019 vide order dated 15. 02. 2019. The case is at parity with co-accused - Dharmveer Singh Rana. Further submission is that the applicant is in custody since 25/08/2022. The applicant is permanent resident of District Agra. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.
Per contra, learned counsel for the State vehemently opposed the bail application citing criminal antecedents and prayed for its dismissal. Heard learned counsel for the rival parties and perused the case diary available on record. Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh Only) with two local solvent sureties in the like amount to the satisfaction of the trial Court.
This order will remain operative subject to compliance of the following conditions by the applicant:- 1) The applicant will comply with all the terms and conditions of the bond executed by him; 2) The applicant will cooperate in the investigation/trial, as the case may be; 3 ) The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4 ) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he/she is found involving in the offence of the same nature, this bail Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 1/11/2024 9:47:02 AM order shall stand cancelled automatically without further reference to the Bench.
5) The applicant will not seek unnecessary adjournments during the trial; and 6 ) The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. (7) The applicant shall mark his attendance before the SHO of the concerning police station in the first week of every month till conclusion of trial. Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action. E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court. Certified copy as per rules. (SUNITA YADAV) JUDGE (LJ*) Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 1/11/2024 9:47:02 AM
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.