Rajpal Singh Ghosh vs The State Of Madhya Pradesh
2024 Latest Caselaw 16464 MP

Madhya Pradesh High Court

Rajpal Singh Ghosh vs The State Of Madhya Pradesh on 31 May, 2024

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                                  ON THE 31 st OF MAY, 2024
                                         MISC. CRIMINAL CASE No. 21683 of 2024

                          BETWEEN:-
                          RAJPAL SINGH GHOSH S/O MAHENDRA SINGH GHOSH,
                          AGED ABOUT 24 YEARS, OCCUPATION: LABOUR
                          VILLAGE MAUBUJURG POLICE STATION DIGODA
                          DISTRICT TIKAMGARH (MADHYA PRADESH)

                                                                                            .....APPLICANT
                          (BY SHRI B.P. YADAV - ADVOCATE )

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

                                                                                        .....RESPONDENTS
                          (BY SMT. SHANTI TIWARI - PANEL LAWYER )

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

This is first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR/Crime No.993/2023 dated 26.11.2023 registered at Police Station Kotwali District Tikamgarh for the offence punishable under Sections 457, 380 of IPC.

2. Learned counsel for the applicant submits that the offences registered against the applicant are triable of Judicial Magistrate First Class. The applicant is in custody since 20.04.2024. It is contended by the counsel that so far as past criminal antecedents are concerned, the applicant has been acquitted

pertaining to an offence registered vide Crime No.294/2023 and the judgment of acquittal has been brought on record. Thus, counsel submits that the applicant be released on bail.

4. Per contra, the counsel for the State has opposed the prayer and submitted that the in past as well, the applicant had committed similar kind of offence, hence no case for grant of bail is made out as not only the jewellery but cash was also recovered from the applicant.

5. Heard the counsel for the parties and perused the case diary.

6. Thus, considering the overall facts and circumstances of the case and the fact that the offences are triable by Judicial Magistrate First Class and the

applicant is in custody since 20.04.2024 , this Court is of the considered view that it is a fit case to release the applicant on bail. Therefore, without expressing any view on the merits of the case, the application is allowed.

8. It is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the said Court on all such dates as may be fixed in this regard by that Court during the pendency of trial.

9. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

(MANINDER S. BHATTI) JUDGE mn