BRAJESH RAIKWAR v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-08. BRAJESH RAIKWAR 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 8 OF JANUARY, 2024 MISC. CRIMINAL CASE No. 56982 of 2023 BETWEEN:- BRAJESH RAIKWAR S/O SHRI ROOP SINGH RAIKWAR, AGED ABOUT 30 YEARS, VILLAGE THARR TEHSIL AND DISTRICT VIDISHA (MADHYA PRADESH) ..... APPLICANT (SHRI DINESH SINGH TOMAR, LEARNED COUNSEL FOR THE PETITIONER) . AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION CIVIL LINE DEHAT DISTRICT VIDISHA (MADHYA PRADESH) ..... RESPONDENTS ( MS. ABHA MISHRA - P. P. - APPEARING ON BEHALF OF ADVOCATE GENERAL). This application coming on for admission hearing this day, th e court passed the following: ORDER This is the first application filed by the applicant under Section 439 of the Cr. P. C. for grant of bail relating to FIR No. 663 of 2023 registered at Police Station Civil Lines, District Vidisha (M. P. ) for the offence under Sections 394, 120-B, 34 of IPC.
Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. He further argued that applicant is the only earning member of his family. It is further argued that TIP in respect to the applicant has not been conducted during the course of investigation. The Signature Not Verified Signed by: SANJAY Signing time: 09-01-2024 01:23:04 PM applicant has no criminal antecedents. The applicant is in custody since 26/10/2023. Investigation stands completed by filing of the charge sheet and further custodial interrogation of the applicant may not be required. The applicant is permanent resident of District Vidisha. 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 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: SANJAY Signing time: 09-01-2024 01:23:04 PM 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. 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 Durgekar Signature Not Verified Signed by: SANJAY Signing time: 09-01-2024 01:23:04 PM
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.