MADAN MISHRA v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-25. MADAN MISHRA 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 SHRI JUSTICE SANJEEV S KALGAONKAR th ON THE 25 OF JANUARY, 2024 MISC. CRIMINAL CASE No. 725 of 2024 BETWEEN:- MADAN MISHRA S/O SHRI LALARAM MISHRA, AGED ABOUT 30 YEARS, OCCUPATION: AGRICULTURIST, RESIDENT OF VILLAGE UDGAWA POLICE STATION JIGNA DISTRICT DATIA (MADHYA PRADESH) ..... APPLICANT (SHRI RAJIV BUDHOLIYA - ADVOCATE FOR THE APPLICANT) AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION CIVIL LINE DISTRICT DATIA (MADHYA PRADESH) ..... RESPONDENT (SHRI V. P. S. TOMAR - PANEL LAWYER FOR THE RESPONDENT-STATE) This application coming on for HEARING this day, the court passed the following: ORDER This first bail application has been filed by applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No. 357/2022 registered at Police Station Civil Line, District Datia (M. P.
) for offence punishable under Sections 394/34 of the IPC and Section 11/13 of the MPDVPK Act. The applicant is in judicial custody since 13/04/2023. As per the case of prosecution, Jitendra s/o Dwarika Prasad reported to PS Civil Line Datia on 24/09/2022 that on the same day around 7. 30 in the afternoon he was going to Datia on his motorcycle. As he reached near Khabera Signature Not Verified Signed by: PRACHI MISHRA Signing time: 25-Jan-24 5:43:51 PM temple, one unknown person requested for lift. He permitted that person to ride the motorcycle. As they reached near Village Chaupara around 7. 00 in the evening, two persons riding on motorcycle over took their motorcycle. One of the persons thrown chilly powder on his eyes. He and Nandram could not see due to burning in eyes. The unknown assailants snatched his bag containing Rs. 1,50,000/- and other papers and fled away. He informed Rinku and police and came to report.
On such allegations, Police Station Civil Line, District Datia registered FIR at Crime No. 357/2022 for the offence punishable under Sections 392 and 34 of the IPC and Section 11,13 of the MPDVPK Act against unknown offenders. His statement under 27 of the Evidence Act was recorded. Cash of Rs. 5000/- was recovered at his instance. Thereafter, applicant was arrested on 13/04/2023, he is in custody ever since. On completion of investigation, final report was submitted on 08/06/2023. Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has falsely been implicated in this matter. No test identification parade was conducted. No article connecting with the alleged offence was seized during investigation. Therefore, there is no evidence against the applicant in this matter. Applicant is an agriculturist by profession. Applicant is in custody for the last nine months.
There is no likelihood of tampering with evidence by the applicant. Jail incarceration is causing great hardship to the applicant. Trial would take time to conclude. Therefore, applicant may be extended the benefit of bail. Per contra, learned Counsel for the State opposes the bail application and cites criminal history of 18 cases against the applicant. I n reply, learned counsel for the applicant submits that applicant was Signature Not Verified Signed by: PRACHI MISHRA Signing time: 25-Jan-24 5:43:51 PM involved in all pending matters of year 2022 wherein the assailants could not be traced. Applicant has never been convicted in any matter. Learned counsel further submits that no incriminating evidence is available against the applicant in the present matter. Therefore, merely on the basis of criminal history, he may not be denied to extend the benefit of bail. Heard learned counsel for the parties and perused the case diary.
Considering the arguments advanced by both the parties and overall circumstances of the case, but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed. Accordingly, it is directed that applicant MADAN MISHRA shall be released on bail in relation to Crime No. 357/2022 registered at Police Station Civil Line, District Datia (M. P. ) for offence punishable under Sections 394/34 of the IPC and Section 11/13 of the MPDVPK Act , upon furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs. One Lac Only) with two sureties each of Rs. 50,000/- (Rs.
Fifty Thousand only) to the satisfaction of the Trial Court, for compliance with the following conditions, : (For the sake of convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):- (1) Applicant shall remain present on every date of hearing as may he directed by the concerned court; (1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA (2) Applicant shall not commit or get involved in any offence of similar nature; (2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA (3) Applicant shall not directly or indirectly make any inducement, threat Signature Not Verified Signed by: PRACHI MISHRA Signing time: 25-Jan-24 5:43:51 PM or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the police officer; (3) vkosnd izdzj.
k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA (4) Applicant shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness; (4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA (5) During trial, the applicant shall ensure due compliance of provisions of Section 309 of Cr. P. C. regarding examination of witnesses in attendance; (5) fopkj. k ds nkSjku] mifLFkr xokgksa ls ijh{k. k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA This order shall be effective till the end of trial. However, in case of breach of any of the precondition of bail, the Trial Court may consider on merit cancellation of bail without any impediment of this order.
The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned, if any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety. C. C. as per rules. (SANJEEV S KALGAONKAR) JUDGE Prachi Signature Not Verified Signed by: PRACHI MISHRA Signing time: 25-Jan-24 5:43:51 PM Signature Not Verified Signed by: PRACHI MISHRA Signing time: 25-Jan-24 5:43:51 PM
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.