Ramvinod vs The State Of Madhya Pradesh
2023 Latest Caselaw 19065 MP

                                                              1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                      BEFORE
                                         HON'BLE SMT. JUSTICE SUNITA YADAV
                                              ON THE 9 th OF NOVEMBER, 2023
                                         MISC. CRIMINAL CASE No. 51081 of 2023

                           BETWEEN:-
                           1.    RAMVINOD S/O RAMJILAL, AGED ABOUT 52
                                 YEAR S , R/O VILLAGE MANJEETPURA, THANA
                                 DEVGARH, TEHSIL JOURA, DISTRICT MORENA
                                 (MADHYA PRADESH)

                           2.    DURGESH S/O HARISHANKAR, AGED ABOUT 24
                                 YEAR S , R/O VILLAGE MANJEETPURA, THANA
                                 DEVGARH, TEHSIL JOURA, DISTRICT MORENA
                                 (MADHYA PRADESH)

                           3.    KAUSHAL S/O HARISHANKAR, AGED ABOUT 23
                                 YEAR S , R/O VILLAGE MANJEETPURA, THANA
                                 DEVGARH, TEHSIL JOURA, DISTRICT MORENA
                                 (MADHYA PRADESH)

                           4.    SACHIN S/O HARISHANKAR, AGED ABOUT 21
                                 YEAR S , R/O VILLAGE MANJEETPURA, THANA
                                 DEVGARH, TEHSIL JOURA, DISTRICT MORENA
                                 (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (BY MR. BRAJESH KUMAR TYAGI - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION DEVGARH
                           DISTRICT MORENA (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY MR. RAJENDRA SINGH YADAV - PUBLIC PROSECUTOR)

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

This is the first bail application filed by the applicants under section 438 Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/9/2023 5:27:33 PM

of the Cr.P.C. for grant of anticipatory bail to the applicants, who are apprehending their arrest in connection with Crime No.20/2023 for offences punishable under Sections 323, 294, 506, 34, 307, 459 and 393 of the I.P.C. and Section 11/13 of M.P.D.V.P.K. Act registered at Police Station - Devgarh, District- Morena (M.P.).

Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated in this case. Earlier applicant No. 1-Ramvinod was granted the benefit of regular bail vide order dated 27.06.2023 passed in M.Cr.C. No. 26233 of 2023 by co-ordinate Bench of this Court, applicant No. 2-Durgesh was granted bail by trial Court vide order dated 30.06.2023 and

appellant No. 3 and 4 - Kaushal and Sachin were also granted bail by the trial Court vide order dated 01.07.2023 considering the facts and circumstances of the case on the same crime number i.e. Crime No. 20 of 2023 registered at Police Station Ater, District Bhind for the offences punishable under Sections 323, 294, 506, 307, 459 and 34 of IPC. However, on the same set of facts at the time of filing of charge-sheet, the offence under Sections 393 of IPC and Section 11/13 of M.P.D.V.P.K. Act have been enhanced, therefore, the learned trial Court issued warrants of arrest against them. In such circumstances, counsel for the applicants has placed reliance upon the judgment passed by Hon'ble Supreme Court in the case of Pradeep Ram Vs. State of Jharkhand and Ors, (2019) 17 SCC 326. They are permanent resident of District Morena (M.P.) and there is no chance of their absconsion or tampering with the prosecution evidence. It is further submitted that the applicants are ready and willing to co-operate in the investigation and shall abide by all the terms and conditions as may be imposed by this Court; therefore, they pray for grant of

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/9/2023 5:27:33 PM

anticipatory bail.

On the other hand learned counsel for the State opposed the application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Since earlier benefit of regular bail were given to the applicants and with the addition of new sections, applicants are apprehending their arrest, therefore, considering the mandate of the Hon'ble Apex Court in the case of Pradeep Ram (Supra), but without expressing any opinion on merits of the case, this application is allowed and it is directed that in the event of arrest, the applicant be released on bail on furnish a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with a solvent surety in the like amount to the satisfaction of the Arresting Authority/trial Court.

The applicant shall further abide by other conditions enumerated under Section 438 (2) of the Code of Criminal Procedure.

Certified copy as per rules.

(SUNITA YADAV) JUDGE (LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/9/2023 5:27:33 PM