Divesh (Devesh) Jogi vs The State Of Madhya Pradesh
2021 Latest Caselaw 1358 MP

           THE HIGH COURT OF MADHYA PRADESH 1
                         MCRC 19064/2021
                Divesh (Devesh) Jogi vs. State of MP

Gwalior, Dated : 07/04/2021

       Shri Prasun Kumar Maheshwari, Counsel for the applicant.

       Shri Rohit Shrivastava, Panel Lawyer for the respondent/ State.

Case diary is not available.

It is submitted by the Counsel for the applicant that the police has

filed the charge sheet and copy of the charge sheet has been filed by co-

accused Pintu alias Pushpendra in MCRC No.18839 of 2021 and,

therefore, the present application may be considered in the light of the

charge sheet.

This is first application filed under Section 439 of Cr.P.C. for grant

of bail.

The applicant has been arrested on 20/08/2020 in connection with

Crime No.442/2020 registered by Police Station Kotwali, District Ashok

Nagar, for offence punishable under Sections 302, 201 & 34 of IPC.

It is submitted by the Counsel for the applicant that according to

the prosecution case, the dead body of one Radheyshyam was found in a

well. According to the prosecution case, the applicant was found to be in

possession of one SIM. So far as the evidence of extra-judicial

confession made to one Chhotu Ahirwar is concerned, the said witness

has already been examined and he has not supported the prosecution case

and co-accused Pintu alias Pushpendra has also filed copy of deposition

sheet of Chhotu Ahirwar. At present, there is no substantive evidence

against the applicant and the trial is likely to take sufficiently long time.

THE HIGH COURT OF MADHYA PRADESH 2 MCRC 19064/2021 Divesh (Devesh) Jogi vs. State of MP

It is further submitted that the recovery of SIM has been falsely shown

because there was no good reason for the applicant to keep the same with

him, specifically when it was already blocked because of insufficient

balance. However, there is nothing on record to indicate that the said Sim

was of the deceased. This Court, by order dated 10/12/2020 passed in

MCRC No.50017/2020, has already granted bail to co-accused Neeraj

alias Neetu.

Per contra, the application is opposed by the Counsel for the State.

However, it is fairly conceded that the prosecution witness Chhotu

Ahirwar has already turned hostile and has not supported the prosecution

case.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case and without

commenting on the merits of the case, the application is allowed. 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 lac only) with one surety

in the like amount to the satisfaction of the Trial Court/Committal Court

to appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of the trial but in case

of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in

Criminal Appeal No.329/2021, the intimation regarding grant of bail be THE HIGH COURT OF MADHYA PRADESH 3 MCRC 19064/2021 Divesh (Devesh) Jogi vs. State of MP

sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge

MKB

MAHENDRA KUMAR BARIK 2021.04.08 10:28:34 +05'30'