Raju vs The State Of Madhya Pradesh
2021 Latest Caselaw 8051 MP

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HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
                        MCRC NO.58319/2021
Raju s/o Bhuru Palasia Bhil,
Age 40 years, occupation Labour,
R/o village Devdha, Tehsil Kuskhi,
District Dhar M.P                           .......Applicant.

vs.

State of M.P through P.S
Bag, District Dhar M.P                      .......Respondent.

Shri Ayush Agrawal, learned counsel for the applicant. Ms.Harshlata Soni, learned Panel Advocate for the State.

MCRC NO.57447/2021 Chamru s/o Badru Bhil Aged 25 years, occupation Labourer, R/o Gram Devdha, Tehsil Kukshi & District Dhar M.P ......Applicant.

vs.

State of M.P through P.S Bagh, district Dhar M.P ......Respondent.

Shri Siddharth Jain, learned counsel for the applicant. Ms.Harshlata Soni, learned Panel Advocate for the State.

01.12.2021: (Indore):

These are first applications filed under section 439 Cr.P.C seeking bail in connection with crime no.340/2019 registered at police station Bag, district Dhar for the offence punishable under sections 457, 380 IPC.

As per prosecution story complainant Saifuddin lodged an FIR on 7.7.2019 that on 6.7.2019 he went to the house of his brother at Ujjain and after returning found that theft has been committed in his house. An offence under section 457 & 380 IPC has been registered against unknown persons. During investigation police arrested Sumansingh, Sabliya @ Shobharam & Bhaya @ Gamarsingh and their statements under section 27 of the Evidence Act has been recorded. On

the basis of the memorandum statement the applicant Raju and Chamru have been made accused in the matter.

Learned counsel for the applicants submits the applicants have been implicated only on the basis of the memorandum statement of the co-accused. Earlier the applicants/accused have been tried vide trial no.895/19 and vide judgment dated 16.2.2021 they have been acquitted from all the charges. Nothing has been recovered from the possession of the applicant. On the same set of evidence they are also entitled for acquittal in this matter, hence prays for bail in the matter.

Learned Panel Advocate opposes the bail applications. Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the applicants, without commenting on the merits of the case, the applications are allowed. The applicants are directed to be released on bail on each of them furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

Before releasing the applicants from the custody the jail authorities are directed to medically examine them in order to rule out the possibility of Covid-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.

C.c as per rules.

(VIVEK RUSIA) Digitally signed by HARI JUDGE KUMAR C G NAIR Date: 2021.12.01 17:36:42 hk/ +05'30'