Jitendra @ Jeetu @ Bana vs The State Of Madhya Pradesh
2024 Latest Caselaw 16377 MP

Madhya Pradesh High Court

Jitendra @ Jeetu @ Bana vs The State Of Madhya Pradesh on 31 May, 2024

Author: Subodh Abhyankar

Bench: Subodh Abhyankar

                                                               1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                        BEFORE
                                        HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                  ON THE 31 st OF MAY, 2024
                                          MISC. CRIMINAL CASE No. 21325 of 2024

                           BETWEEN:-
                           JITENDRA @ JEETU @ BANA S/O LATE SHRI DARBAR
                           SINGH, AGED ABOUT 33 YEARS, OCCUPATION:
                           BUSINESS GRAM KAMRASA, THANA SAMBHARLAKE
                           DISTT JAIPUR (RAJASTHAN) (RAJASTHAN)

                                                                                           .....APPLICANT
                           (BY SHRI SUNIL GUPTA, ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION VIJAY NAGAR
                           INDORE DISTT INDORE (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI S. S. THAKUR, G.A./P.L.)

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

1. They are heard. Perused the case diary / challan papers.

2. This is the second bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.52/2019 registered at Police Station Vijay Nagar, Indore (MP) for offence punishable under Section 302, 307, 120-B, 34 of Indian Penal Code, 1860 and Section 27 of the Arms Act. The applicant is in custody since 21/06/2023. His earlier bail application M.Cr.C. No.54135/2023 has already been dismissed by this Court on merits vide order dated 18/12/2023.

3. Allegation against the applicant is that of murder of one Sandeep Agrawal @ Sandeep Tel, a businessman and it is alleged that the applicant was sharp shooter and was involved in the shooting incident.

4 Counsel for the applicant has submitted that in the earlier bail application, this Court has taken note of 26 criminal cases registered against the applicant and in most of the cases, he has already been acquitted, the judgments/orders of acquittal have also been placed on record. Counsel has submitted that subsequent to the earlier dismissal of bail on 18/12/2023, the Supreme Court has been pleased to allow the bail application of the identically placed co-accused Sudhakar Rao on 12/02/2024 in SLP (Crl.) No.359/2024

and the case of the applicant is identical to that of Sudhakar Rao. It is submitted that the application of Sudhakar Rao was allowed by the Supreme Court considering the fact that 75 or so, witnesses are still to be examined in the trial Court and that he is in custody since 22/01/2019. It is submitted that against Sudhakar Rao also, there were criminal antecedents and despite the fact that he was the main conspirator, his application has been allowed. It is also submitted that another co-accused Rohit has also been released on bail by the Supreme Court on 05/07/2023 in SLP No.1214/2022. Thus, it is submitted that the bail application be allowed and the be released on bail.

5. Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that no case for grant of bail is made out. It is submitted that against Sudhakar Rao, only two cases were registered; one under Section 302 of IPC and another under Section 307, 292 of IPC and Arms Act, whereas in the murder case, Sudhakar Rao was already acquitted and regarding the other case, it has been observed that no such second case has been

registered against him. Thus, it is submitted that the application be dismissed.

6. Heard. Having considered the rival submissions and on perusal of the case diary, it is found that it is true that Supreme Court has already released the co-accused Sudhakar Rao despite the fact that he being the main conspirator, still considering the fact that against him, only one case under Section 302 of IPC was registered in which also, he was acquitted, whereas, against the present applicant, 26 cases have been registered and most of them are serious crimes including murder case, attempt to murder, theft, robbery, dacoity etc. In such circumstances, the propensity of the applicant to commit offence is apparent on the fact of the record and merely the other co-accused persons have been granted bail by the Hon'ble Supreme Court whose case is clearly distinguishable, the present applicant cannot be released on bail.

Accordingly, M.Cr.C. stands dismissed.

(SUBODH ABHYANKAR) JUDGE krjoshi