Durgesh Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 218 MP

                                                                     1                           MCRC-56967-2021
                                           The High Court Of Madhya Pradesh
                                                   MCRC No. 56967 of 2021
                                                    (DURGESH PATEL Vs THE STATE OF MADHYA PRADESH)

                                    Jabalpur, Dated : 05-01-2022
                                          Shri Sandesh Dixit, learned counsel for the applicant.

                                          Shri Anand Shukla, learned Panel Lawyer for the respondent/State.

This is the first bail application under Section 439 of the Code of Criminal Procedure moved on behalf of applicant Durgesh Patel against whom case Crime No. 409/2021 has been registered at Police Station

Kotwali, District- Jabalpur under Sections 307, 393, 398 and 34 of I.P.C. read with Section 25 and 27 of Arms Act. He is in custody since 18/08/2021.

Learned counsel for the applicant submits that complainant Amit Singh Rajput has not identified the present applicant in TIP. He has identified two other accused persons namely Premnath @ Pappu and Golu @ Sanjay. It is submitted that no recovery has been made from his possession and he has been made an accused on the basis of memorandum Premnath @ Pappu. Investigation is complete. Charge-

sheet has been filed.

Learned trial Court has denied bail only on the ground that there is a criminal history of six cases against the applicant. It is submitted that applicant has been acquitted in special criminal case no.71/2015 vide judgment dated 14.09.2018 acquitting him of the charges under Sections 376, 376(D), 343 and 506 of IPC and Section 3(2)(5) of SC/ST Prevention of Atrocities Act.

Shri Anand Shukla, learned Panel Lawyer opposes the prayer, however he admits that present applicant has not been identified by the complainant and no recovery has been made from the present applicant.

Taking into consideration the facts and circumstances of the case Signature Not Verified SAN and without commenting anything on the merits of the matter, the Digitally signed by APARNA TIWARI Date: 2022.01.06 14:34:46 IST 2 MCRC-56967-2021 application is allowed.

It is directed that applicant Durgesh Patel be released on bail upon his furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties in the like amount to the satisfaction of the concerned Court for his appearance before the trial

Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.

This order shall remain effective till the end of the trial but in case o f bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE

AT

Signature Not Verified SAN

Digitally signed by APARNA TIWARI Date: 2022.01.06 14:34:46 IST