Kalu vs The State Of Madhya Pradesh
2022 Latest Caselaw 6490 MP

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      IN THE HIGH COURT OF MADHYA PRADESH
                             AT INDORE
                                BEFORE
                HON'BLE SHRI JUSTICE VIVEK RUSIA

                      ON THE 29th OF APRIL, 2022

             MISC. CRIMINAL CASE No. 3660 of 2022

 Between:-
 KALU S/O MOTLA BHIL, AGED ABOUT 30 YEARS,
 OCCUPATION: LABOUR, R/O VILLAGE BHUTIYA,
 TEHSIL SARDARPUR, DISTRICT DHAR (MADHYA
 PRADESH)
                                                         .....APPLICANT


 AND

 THE STATE OF MADHYA PRADESH STATION
 HOUSE OFFICER THROUGH POLICE STATION
 SARDARPUR (MADHYA PRADESH)
                                                      .....RESPONDENT

      Shri Nilesh Dave, learned counsel for the applicant.
      Shri Kamal Kumar Tiwari, learned counsel for the respondent.
                                *****

This is SECOND bail application under Section 439 of Cr.P.C. who are in custody since 02.08.2019 in connection with Crime 262/2018 registered at P.S. Sardarpur, District Dhar for the offence punishable under Section 459 and 380 of I.P.C. First application was dismissed as withdrawn vide order dated 22.10.2020 passed in M.Cr.C. No.35214/2020.

Learned counsel for the applicant submits applicant who is one of the accused in criminal case registered against 13 accused on the basis of incident dated 06.08.2018. Vide judgment dated 11.01.2020, four accused have been acquitted. Thereafter, applicant has formally arrested and put to the trial. Two witnesses have been examined and they are not supporting the case of the prosecution. Sardar Singh and Mohan Singh did not die because of loot. As per PW-1 and PW-2 they were alive

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during the trial and they were examined as PW-1 and PW-5. It is case of loot, there is no identification of applicant as well as alleged recovered article. Hence, applicant may kindly be granted bail.

Government Advocate opposes the application and prays for its rejection.

Considering the facts and circumstances, without commenting on the merits of the case, the application filed by the applicants is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousands Only) each with one solvent surety of 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 court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Cr.P.C.

Certified copy as per Rules.

( VIVEK RUSIA ) JUDGE praveen

Digitally signed by PRAVEEN NAYAK Date: 2022.04.29 18:15:02 +05'30'