Vinay vs The State Of Madhya Pradesh
2024 Latest Caselaw 3257 MP

Madhya Pradesh High Court

Vinay vs The State Of Madhya Pradesh on 5 February, 2024

Author: Vivek Rusia

Bench: Vivek Rusia

                                                           1
                          IN     THE        HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK RUSIA
                                              ON THE 5 th OF FEBRUARY, 2024
                                          MISC. CRIMINAL CASE No. 4331 of 2024

                         BETWEEN:-
                         VINAY S/O VINOD BACHHDA, AGED: 30 YEARS,
                         OCCUPATION: LABOUR, R/O: VILLAGE HADIPIPLIYA,
                         TEHSIL MANASA, DISTRICT NEEMUCH (MADHYA
                         PRADESH)

                                                                                         .....APPLICANT
                         (BY SHRI AMIT SINGH SISODIA - ADVOCATE.)

                         AND
                         THE STATE OF MADHYA PRADESH, THROUGH STATION
                         HOUSE OFFICER, POLICE STATION NEEMUCH KANT,
                         DISTRICT NEEMUCH (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                         (BY SHRI KUSHAL GOYAL - DEPUTY ADVOCATE GENERAL APPEARING
                         ON BEHALF OF ADVOCATE GENERAL.)

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

This is first application filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail. The applicant is apprehending his arrest in connection with FIR / Crime No.426 of 2019 dated 06.08.2019 registered at Police Station - Neemuch Kant, District Neemuch (M.P.) for offence punishable under Section 394 of Indian Penal Code, 1860.

2. In brief, prosecution story is that on 05.08.2019 at 04:00 AM, complainant Kamal Singh Chandel along with brother-in-law Shubham Patel, father-in-law Kailash Kher and friend Sher Singh Rathore are returning from

Holy Place - Sanwariya Seth Temple, at that time four unknown person came and beaten them as well as runway from there along with looted assets like Cash, Watch, Voter ID, Pan Card, Aadhar Card and Driving License. Thereafter, they reached Police Station, Neemuch Kant and lodged an FIR under section 394 of IPC at Crime No.426 of 2019 against the unknown persons.

3. During the investigation, statement under Section 27 of the Indian Evidence Act of co-accused Mohit has been recorded, who implicated the present applicant in this case.

4. Learned counsel for the applicant submits that this applicant has been

impleaded as co-accused in the case only on the basis of memorandum recorded under Section 27 of the Evidence Act of co-accused Aman Bachhda S/o Vijay Bachhda, who has been acquitted by the Sessions Court, Neemuch, District Neemuch (M.P.) in Sessions Trial No.22 of 2020 vide judgment dated 16.03.2022 (Annexure A/2).

5. Learned counsel further submits that part from a memorandum under Section 27 of the Evidence Act, there is nothing on record against him. He has no criminal record. He has been falsely implicated in this case, hence prays for grant of bail to the present applicant.

6. Learned counsel appearing for the respondent - State of Madhya Pradesh opposes the application by submitting that Aman Bachhda has been identified in this case in Test Identification Parade (TIP), but although he has been acquitted by now.

7. Keeping in view the facts in totality and without expressing any opinion on the merits of the case, application is allowed. It is directed that in the event

of arrest of the applicant in connection with the aforesaid crime number, he / she shall be released on bail upon his / her furnishing personal bond in the sum o f Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the arresting officer. This order shall be governed by the following conditions: -

(a) the applicant shall co-operate with the investigation and make himself available for interrogation by a police officer, as and when required;

( b ) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

( c ) if the applicant is found involved in any criminal case of the same nature during this bail period, this order granting the benefit of anticipatory bail shall be liable to be cancelled.

Certified copy, as per rules.

(VIVEK RUSIA) JUDGE rcp