Gopi Namdeo vs The State Of Madhya Pradesh
2023 Latest Caselaw 13448 MP

                                                            1
                           IN       THE      HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                 ON THE 18 th OF AUGUST, 2023
                                          MISC. CRIMINAL CASE No. 24493 of 2023

                          BETWEEN:-
                          GOPI NAMDEO S/O HARISHANKAR NAMDEO, AGED
                          ABOUT 21 YEARS, OCCUPATION: LABOUR RESIDENT
                          SHARDA MANDIR KE PASS NAIBASTI THANA
                          MADHOTAL DISTRICT JABALPUR (MADHYA PRADESH)

                                                                                           .....APPLICANT
                          (BY SHRI NARENDRA NIKHARE - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THORUGH POLICE
                          STATION GOHALPUR DISTRICT JABALPUR (MADHYA
                          PRADESH)

                                                                                        .....RESPONDENTS
                          (BY SHRI SOURABH SHUKLA - PANEL LAWYER)

                                This application coming on for admission this day, the court passed the
                          following:
                                                             ORDER

Heard on I.A.No.19384 of 2023 - an application for taking documents on record.

For the reasons assigned, the application is allowed. The documents are taken on record.

This is the third bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.

His first application was dismissed as withdrawn vide order dated 07.02.2022 passed in M.Cr.C.No.4187 of 2022 and second application was Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 8/22/2023 1:36:42 PM

dismissed vide order dated 08.02.2023 passed in M.Cr.C.No.7442 of 2023.

The applicant has been arrested on 27.09.2021 in connection with Crime No.692/2021 registered at Police Station Gohalpur District Jabalpur for the offences punishable under Sections 307, 294/34 of Indian Penal Code and Section 25/27 of the Arms Act.

This repeat application has been filed on the ground that injured eye witness of the incident is not turning up for recording the deposition. He has placed the order sheet of the trial Court dated 24.07.2023 in S.T.No.101 of 2019 to point out that he has been declared as an absconder in criminal case registered at Crime No.480 of 2018 which has been registered against him. He

is absconding since 09.11.2022. He has been declared as an absconder in the aforesaid case and not appearing since 09.11.2022. Despite of issuance of arrest warrant, he has not been traced out. The prosecution has failed to produce him before the Trial Court. In the present case, there is an allegation of inflicting injury by the present applicant. The injured Varis Mishra is having a criminal record of 10 cases which could not be disputed by the State counsel. The applicant has already been acquitted in the criminal case registered at Crime No.584 of 2017 for offences punishable under Sections 294, 323 and 506 of Indian Penal Code and Section 3(2) (5)(Ka) and 3 (1) (Da-Dha) of the SC/ST (Prevention of Atrocities) Act vide judgment of acquittal dated 19.12.2018. There is no further requirement of custodial interrogation of the applicant. It is submitted that keeping the applicant in custody for a longer period in the event when the prosecution has failed to produce Varis Mishra for recording the evidence, the same amounts to pre-trial detention of the present applicant. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his application for grant of bail. In view of the Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 8/22/2023 1:36:42 PM

aforesaid, he prays for grant of bail.

P e r contra, learned counsel appearing for the State has vehemently opposed the application pointing out the fact that the application has already been considered and rejected on merits on earlier occasion but he could not dispute the fact that Varis Mishra is an accused in another case and injured in the present case and he is not appearing before the Trial Court since long. He has already been declared as an absconder in the other case being S.T.No.101/2019. He is absconded since 09.11.2022. It is undisputed that the applicant is in custody since 27.09.2021 but he is having criminal history, therefore, State counsel has prayed for dismissal of application.

Considering the overall facts and circumstances of the case, looking to the custody period of the present applicant coupled with the fact that Varis Mishra is not appearing before the concerned Trial Court for recording of deposition and he has been declared as an absconder in other case, this Court deems it appropriate to allow this application. He is directed to be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court. It is also directed that the applicant shall comply with the conditions as enumerated under Section 437(3) Cr.P.C.

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

jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

In case of involvement of the applicant in any other criminal case in future, the bail granted by this court shall stand automatically rejected.

Application stands allowed.

Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 8/22/2023 1:36:42 PM

Certified copy as per rules.

(VISHAL MISHRA) JUDGE AM

Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 8/22/2023 1:36:42 PM