Chetan vs The State Of Madhya Pradesh
2023 Latest Caselaw 16239 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE ANIL VERMA
                                              ON THE 4 th OF OCTOBER, 2023
                                         MISC. CRIMINAL CASE No. 39288 of 2023

                          BETWEEN:-
                          CHETAN S/O NATTHURIL, AGED ABOUT 23 YEARS,
                          OCCUPATION: LABOUR, R/O 151/11, PARDEHSIPURA
                          LALGALI, DISTRICT INDORE (MADHYA PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI GAJENDRA SHARMA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER THROUGH POLICE STATION HEERA NAGAR,
                          DISTRICT INDORE (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                          (BY SHRI SANTOSH THAKUR - GOVT. ADVOCATE)

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

Heard on I.A.No.14638/2023, which is an application for taking

additional documents on record.

2. The aforesaid documents may be relevant for proper adjudication of the matter, therefore, application is allowed and documents are taken on record.

3. This is the fourth application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No.497/2020 registered at Police Station Heera Nagar, District Indore (M.P.) for the offence under Sections 341, 294, 506, 394, 398/34, 323 and 327

Signature Not Verified of the Indian Penal Code, 1860. The applicant is in custody since 20/06/2020. Signed by: TEJPRAKASH VYAS Signing time: 10/5/2023 11:30:55 AM

4. Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in this offence. Earlier bail application of the applicant under Section 439 of Cr.P.C. was dismissed on merits vide order dated 23/01/2023 passed in M.Cr.C.No.54554/2022. Applicant has filed this fourth bail application on the ground that applicant is suffering jail incarceration since 20/06/2020, meaning thereby, he has already suffered jail incarceration for more than three and half years. After rejecting his earlier bail application complainant Sudhir Sharma (PW-1) has been examined before the trial Court. In para 6 of his cross-examination he admit has admitted that at the time of incident there was dark night and miscreants were wearing

mask, due to which he could not identify the persons, who have committed offence against him. Co-accused Bhushan has also been enlarged on bail by this Court vide order dated 10/05/2023 passed in M.Cr.C.No.16789/2023 in similar circumstances. Applicant has been acquitted in two other cases of which he has filed copy of the judgment. Applicant is permanent resident of Indore district and final conclusion of the trial is likely to take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

5. Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection by submitting that five criminal antecedents have been found against the present applicant. He is a habitual offender, hence, is not entitled to be released on bail.

6. Perused the impugned order of the trial Court as well as the case diary.

7. After considering all the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 10/5/2023 11:30:55 AM

applicant and also taking note of the fact that complainant Sudhir Sharma (PW-

1) has been examined before the trial Court and in his cross-examination he has demolished the entire prosecution story and categorically stated that he could identify the miscreants in the Test Identification Parade because of dark in the night and miscreants were also wearing mask. Rajesh (PW-2), Kaluram (PW-3) and Virendra (PW-4) also turned hostile and not supported the prosecution case. Applicant has been acquitted in two other criminal cases registered against him final conclusion of the trial will take sufficient long time. In view of the aforesaid material change in the circumstances, I deem it proper to release the applicant on bail. Therefore, without commenting on the merits of the case, the application is allowed.

8. It is directed that applicant be released on bail on his furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by all the conditions enumerated under Section 437(3) Cr.P.C.

Certified copy as per rules.

(ANIL VERMA) JUDGE Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 10/5/2023 11:30:55 AM