Mahesh Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 2934 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL MISHRA
                                              ON THE 17 th OF FEBRUARY, 2023
                                          MISC. CRIMINAL CASE No. 3451 of 2023

                          BETWEEN:-
                          MAHESH YADAV S/O HUKUM, AGED ABOUT 32 YEARS,
                          OCCUPATION: LABOUR R/O VILLAGE JAMUNKKHEDI
                          POLICE STATION TARADEHI DISTRICT DAMOH
                          (MADHYA PRADESH)

                                                                                           .....APPLICANT
                          (BY SHRI YOGESH KUMAR GUPTA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH THE
                          POLICE STATION TARADEHI, DISTRICT DAMOH
                          (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                          (BY SHRI AMIT BHURRAK - PANEL LAWYER)

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

This is the third bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. His earlier applications were dismissed as withdrawn. The applicant has been arrested on 05.09.2022 by Police Station Taradehi, District Damoh (M.P.) in connection with Crime No.4/2022 for the offence punishable under Sections 450, 376 & 506 of IPC. It is alleged that the applicant has been falsely implicated in the case and he has not committed any offence in any manner. It is further submitted that the statements of prosecutrix and her husband have been recorded before the trial Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 2/20/2023 4:43:45 PM

Court and they have not supported the prosecution story and turned hostile. Earlier, another criminal case under was registered against the applicant and the trial Court vide judgment dated 01.01.2018 in S.T.No.72/2017 has acquitted the applicant. There is one another case, but for minor offence. The applicant is in custody since 05.09.2022 and is ready to abide by all terms and conditions that may be imposed by this Court while considering the bail application. On these grounds, he prays for grant of bail.

Per contra, counsel for the State has vehemently opposed the bail application stating that there is one another criminal cases registered against the present applicant.

Considering the overall facts and circumstances of the case, without commenting upon the merits of the case, this Court deems it appropriate to allow the application. Accordingly, the application is allowed. The applicant is directed to be released on bail and 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.

In case of involvement in any other case in future, the benefit of bail as extended by this Court shall automatically be cancelled.

Application stands allowed.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE sj

Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 2/20/2023 4:43:45 PM