Babulal vs The State Of Madhya Pradesh
2021 Latest Caselaw 7884 MP

                                                          1                         MCRC-51823-2021
                              The High Court Of Madhya Pradesh
                                      MCRC No. 51823 of 2021
                                     (BABULAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)


                      Jabalpur, Dated : 26-11-2021
                            Shri Amit Jain, learned counsel for the applicants.

                            Shri Anshul Mishra, learned Panel Lawyer for the respondent/State.

This is first bail application filed by the applicants under Section 439 of Code of Criminal Procedure for grant of bail.

T he applicants are in jail since 21.9.2021 in connection with Crime

No.173/2016, registered at Police Station-Khurai City, District-Sagar for offence punishable under Sections 420, 466, 467, 468, 471 of IPC.

As per the prosecution's case, with respect to crime No.78/2016, the applicants had applied for release of cattle. In the said application for supurdnama, the applicants are stated to have used a fake receipt of purchasing of cattle from a contractor namely Madhavshyam Yadav.

Learned counsel appearing for the applicants has submitted that the applicants are very poor people. They are basically Banajaras. The main accused Madhavshyam Yadav has already been enlarged on anticipatory bail

under Section 438 of the Cr.P.C. vide order dated 25.7.2016 passed in M.Cr.C. No.11156/2016 ( Annexure A/4). However, the applicants were attending the case before the concerned Court with respect to crime No.78/2016 but they had no idea about the pendency of the present case and, therefore, they could not timely apply for grant of bail. The earlier bail application which was submitted by the applicants was dismissed for want of prosecution. They were also not made aware with respect to their earlier bail application which was dismissed for want of prosecution otherwise they could have applied for the second bail. In such circumstances, it is prayed that the applicants be enlarged on bail.

On the other hand, learned Public Prosecutor for the respondent/State has opposed the bail application.

Signature Not SAN Verified Taking into consideration the overall facts and circumstances of the Digitally signed by PUSHPENDRA PATEL Date: 2021.11.29 17:41:26 IST 2 MCRC-51823-2021 case and the fact that there is no criminal antecedents of the applicants except Crime No.78/2016 where from the present case has arisen and also it is to be noted that in that crime also the applicants have been acquitted and the judgment passed by the Court of Chief Judicial Magistrate, Class-I, Khurai, District-Sagar dated 16.4.2019 has been placed on record, hence, without

commenting on the merits of the case, the present application is allowed.

It is directed that applicants Babulal and Jaima shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) e a c h with one solvent surety of the like amount to the satisfaction of the trial Court, for their regular appearance before the trial Court 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) of Cr.P.C. with the liberty to the prosecution to apply for cancellation of bail in case of breach of any of the aforesaid condition or breach of bail bond.

This application stands allowed.

Certified copy as per rules.

                                                                 (PURUSHAINDRA KUMAR KAURAV)
                                                                            JUDGE

                      pp




Signature
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Digitally signed by
PUSHPENDRA
PATEL
Date: 2021.11.29
17:41:26 IST