JAGDISH DHAKAD URF HALKE 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. JAGDISH DHAKAD URF HALKE v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on...
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL nd ON THE 2 OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 56888 of 2023 BETWEEN:- JAGDISH DHAKAD URF HALKE S/O ALAM SINGH, AGED ABOUT 50 YEARS, OCCUPATION: LABOUR RESIDENT GRAM CHAWARA TEH AND THANA BARELI DISTRICT RAISEN (MADHYA PRADESH) ..... APPLICANT (BY SHRI NARENDRA NIKHARE - ADVOCATE ) AND THE STATE OF MADHYA PRADESH THROUGH POLICE S TAT I O N BARELI DISTRICT RAISEN (MADHYA PRADESH) ..... RESPONDENT (BY SMT. SUNITA SOOD - PANEL LAWYER) This application coming on for admission this day, the court passed the following: ORDER This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to Crime No. 768/2023 registered at Police Station - Bareli, District Raisen (M. P. ) for the offence punishable under Sections 450 and 376 of IPC. Applicant is in detention since 21. 11. 2023. 2.
As per the prosecution story, prosecutrix lodged the report alleging that on 18. 11. 2023 at about 4:00 pm, when no one was present in the house, applicant came there and tied the prosecutrix forcibly, due to which she became Signature Not Verified Signed by: SATEESH Signing time: 2/3/2024 12:21:02 PM unconscious. On the basis of aforesaid, Police registered the case against the present applicant under the aforesaid Sections. 3. Learned counsel for the applicant submitted that applicant is in jail since 21. 11. 2023. He has been falsely implicated. It is further submitted prosecutrix is a major lady having two children. It is further submitted prosecutrix in her 164 statement has not stated anything against the applicant. FSL report is also negative. Charge sheet has been filed. Therefore, it has been prayed that the applicant may be released on bail. 4. On the other hand, learned counsel for State has opposed the prayer for grant of bail to the applicant. 5.
Having taken into consideration all the facts and circumstances of the case, but without commenting on merit of the case, I am inclined to release the applicant on bail. Consequently, bail application under Section 439 of the Code o f Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed. 6. It is directed that applicant 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 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 of bail jump and breach of any of the conditions of bail, it shall become ineffective. Certified copy as per rules.
Signature Not Verified Signed by: SATEESH Signing time: 2/3/2024 12:21:02 PM (PRAMOD KUMAR AGRAWAL) JUDGE Sateesh Signature Not Verified Signed by: SATEESH Signing time: 2/3/2024 12:21:02 PM
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.