Madhya Pradesh High Court
Kalamsingh @ Kamal vs The State Of Madhya Pradesh on 7 February, 2024
Author: Anil Verma
Bench: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 7 th OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 2858 of 2024
BETWEEN:-
KALAMSINGH @ KAMAL S/O KESU, AGED ABOUT 25
YEARS, OCCUPATION: LABOR, R/O: KALIDEVI, THANA
TANDA, DISTT. DHAR (MADHYA PRADESH)
.....APPLICANT
(MR. JAVED KHAN - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION RAJGARH,
TEHSIL SARDARPUR, DISTT. DHAR (MADHYA
PRADESH)
.....RESPONDENT
(MS. VARSHA SINGH THAKUR - GOVERNMENT ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first application filed by the applicant under Section 439 of the
Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime
No.177/2023 registered at Police Station Rajgarh (Sardarpur), District Dhar
(M.P.) for the offence under Sections 394, 395 and 397 of the Indian Penal
Code, 1860. The applicant is in custody since 06.07.2023.
2. As per prosecution story, on 06.04.2023 complainant Sunil Parte
lodged an FIR at police station Rajgarh by stating that when he was returning to
Rajgarh by his motorcycle after collecting premium amount, near Singodiya
Fata two unknown miscreants came on motorcycle and snatched cash of
Rs.1.51 lakhs, biomatric device, cheque book, centre register and mobile from
him. During investigation, Rs.5,000/- cash has been recovered from possession
of co-accused Shankar. Accordingly, offence has been registered.
3 . Learned counsel for the applicant submits that the applicant is an
innocent person and he has been falsely implicated in this offence. He is in
custody since 06.07.2023. Co-accused Suresh @ Suraj and Shankar have been
enlarged on bail by this Court vide order dated 05/10/2023 and 12.10.2023
passed in M.Cr.C. Nos.43352/2023 and 44480/2023 in the similar
circumstances and other co-accused persons have been enlarged on bail by the
trial Court vide judgment dated 01.02.2024 passed by the A.S.J. Sardarpur in
Sessions trial No.58/2023. Investigation is over and charge sheet has been filed.
No incriminating article has been seized from possession of applicant. 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.
4. Per contra, learned counsel for the respondent / State opposes the bail
application and prays for its rejection by submitting that five more criminal
antecedents have been found against the present applicant. He is a habitual
offender. Hence, he does not deserve for bail.
5. Perused the impugned order of the trial Court as well as the case
diary.
6 . After considering all the facts and circumstances of the case, nature
and gravity of offence, arguments advanced by the learned counsel for the
applicant it is revealed that complainant Sunil (PW-4) categorically stated in his
deposition that present applicant was not involved with the miscreants, who
have committed loot with him and he could not identify him during Test
Identification Parade; Co-accused Suresh and Shankar have been enlarged on
bail by this Court in similar circumstances and other co-accused persons have
also been enlarged on bail by the trial Court. In these circumstances, I deem it
proper to release the applicant on bail. Therefore, without commenting on the
merits of the case, the application is allowed.
7 . 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
Anushree
