Madhya Pradesh High Court

Sourabh Dixit vs The State Of Madhya Pradesh on 1 May, 2024

                                                             1
                           IN       THE      HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
                                                   ON THE 1 st OF MAY, 2024
                                          MISC. CRIMINAL CASE No. 12061 of 2024

                          BETWEEN:-
                          SOURABH DIXIT S/O SHRI YAGYANARAYAN DIXIT,
                          AGED ABOUT 29 YEARS, OCCUPATION: MR R/O
                          BANDOL SEONI P.S. SEONI DISTRICT SIDHI (MADHYA
                          PRADESH)

                                                                                           .....APPLICANT
                          (BY SHRI MANU V. JOHN - ADVOCATE FOR THE APPLICANT)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION SEONI DISTRICT SEONI (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                          (MS. SHIPRA GUPTA - PANEL LAWYER FOR THE STATE)
                          (SHRI SHASHIKANT KEWAT - ADVOCATE FOR THE OBJECTOR)

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

Heard on I.A. No.7857/2024 an application for taking documents on record.

2. For the reasons stated in the application, the same is hereby allowed and the documents filed by the respondent No.2 are taken on record.

3. This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to Crime No.163/2024 registered at Police Station - Kotwali, District Seoni (M.P.) for the offence punishable under Sections 427, 436, 34 of the Indian Penal Code.

Applicant is in detention since 11.03.2024.

4. As per the prosecution story, it is alleged an unknown person set ablaze the complainant car costing Rs.1 Lac. After investigation, aforesaid sections were registered against the present applicant.

5. Learned counsel for the applicant submitted that applicant is in jail since 11.03.2024. He has falsely been been implicated in this case. It is submitted that no offence under Section 436 of IPC is not made out against the applicant. It is further submitted that in previous criminal case bearing crime No.894/2015, applicant has been acquitted by the trial Court, in this regard copy of the judgment has been filed. Charge-sheet has been filed. The trial of

the case will take considerable time. Therefore, it has been prayed that the applicant may be released on bail pending the trial.

6. On the other hand, learned counsel for State and objector have opposed the grant of bail to the applicant. Learned counsel for the objector submits that complainant had died due to the accident which might be caused by the applicant. In this regard, learned Panel Lawyer submits that case diary of Crime No.169/2024 registered at Police Station Lakhnadaun is available, in which the investigating police agency has stated that till date no such evidence is available on record which shows that accident was caused by the present applicant.

7. Having taken into consideration all the facts and circumstances of the case, but without commenting on merit of the case, I am inclined to release the applicant on bail. Consequently, bail application under Section 439 of the Code o f Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

8. It is directed that applicant be released on bail on his furnishing a

personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

9. This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(PRAMOD KUMAR AGRAWAL) JUDGE shahina