LUCKY SINGH JHARIA v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-02-02. LUCKY SINGH JHARIA v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL nd ON THE 2 OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 3625 of 2024 BETWEEN:- LUCKY SINGH JHARIA S/O MOTI SINGH JHARIA, AGED ABOUT 29 YEARS, OCCUPATION: LABOURER R/O VILLAGE DEODHARA, THANA, TEHSIL AND DISTRICT MANDLA (MADHYA PRADESH) ..... APPLICANT (BY SHRI UDAY KUMAR - ADVOCATE ) AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION GHANSAUR DISTRICT SEONI (MADHYA PRADESH) ..... RESPONDENT (BY SHRI S. K. GUPTA - PANEL LAWYER) This application coming on for admission this day, the court passed the following: ORDER This is first application filed by the applicant under Section 439 of the Cr. P. C. for grant of regular bail relating to FIR No. 10/2024, dated 8. 1. 2024 registered at Police Station-Ghansaur, District-Seoni (M. P.
) for commission of offence punishable under Sections 307, 379, 414, 34 of IPC, Section 4, 21 of Mines and Minerals Act and Section 66/192A, 132/177(1) of Motor Vehicles Act. Applicant is in detention since 08. 1. 2024. 2. As per the prosecution story, on 8. 1. 2023 Head Constable Maniram Chandravanshi along with Head Constable Rakesh Mishra, Constable 599 Signature Not Verified Signed by: DEEPA MISHRA Signing time: 2/3/2024 10:24:50 AM Pankaj Pataskar, Constable 672 Raja Pawar and Constable 609 Pankaj Bhalavi were going towards Diwari side. In the meantime, they received information about illegal transportation of sand through Hyva vehicle. At around 4. 30 P. M. they saw one Hyva bearing registration No. MP 66H 1319 coming in high speed from Ghansaur side. When Constable 609 Pankaj Bhalavi gave signal to stop, the driver of the vehicle with an intention to kill Constable Pankaj Bhalavi, sped away the vehicle.
If he was not pulled back, he could have been murdered by crushing under the wheels of the vehicle. FIR was registered. 3. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. The allegations are against Driver Jitendra and not against the present applicant who is Conductor of Hyva. Therefore, it is prayed that the applicant may be released on bail pending the trial. 4 . O n the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant. 5 . Admittedly, applicant was Conductor of the vehicle and not the Driver. Allegations are against driver. Applicant has no criminal background. Therefore, having taken into consideration, totality of allegations, including facts and circumstances of the case, but without expressing anything on the merits of the case, I am of the view that it is a case in which further pre-trial detention of the applicant is not warranted.
Consequently, this bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed. 6. It is directed that applicant - Lucky Singh Jharia be released on bail on his 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 Signature Not Verified Signed by: DEEPA MISHRA Signing time: 2/3/2024 10:24:50 AM the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr. P. C. 7 . This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective. Certified copy as per rules. (DINESH KUMAR PALIWAL) JUDGE mrs.
mishra Signature Not Verified Signed by: DEEPA MISHRA Signing time: 2/3/2024 10:24:50 AM
Source: High Court of Madhya Pradesh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.