Madhya Pradesh High Court
Jitendra@ Ditiya vs The State Of Madhya Pradesh on 13 March, 2025
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 13th OF MARCH, 2025
MISC. CRIMINAL CASE No. 11395 of 2025
JITENDRA@ DITIYA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Sanjay Kumar Sharma, learned counsel for the applicant.
Shri Ajay Raj Gupta, learned Public Prosecutor for the
respondent/State.
ORDER
This second bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (equivalent to Section 439 of Cr.P.C.) has been filed
by the applicant-Jitendra @ Ditiya S/o Bhangda for grant of regular bail, who
has been arrested on 01.12.2024 in connection with Crime No.303/2008
registered at Police Station Gandhwani, District Dhar (M.P.) for commission
of offences under Sections 458, 380, 394 of Indian Penal Code, 1860. His
first application was dismissed as withdrawn with liberty to revive his prayer
after filing of supplementary charge sheet vide order dated 23.01.2025 in
M.Cr.C.No.3003/2025.
2. As per prosecution case, the allegation against the applicant is that he
alongwith the other persons committer lurking the house tress pass in the
house of Dawal singh and committed loot. Accordingly, offence has been
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registered against him.
3. Learned counsel for the applicant submits that the applicant is
innocent and has falsely been implicated in the crime. He further submits
that co-accused has been acquitted by the trial Court vide judgment dated
19.04.2023 in S.T.No.76/2017 by learned First Additional Sessions Judge,
Manawar. No legal evidence is available against the applicant except
memorandum of co-accused recorded under Section 27 of the Indian
Evidence Act mentioning the complicity of the applicant. There is no
likelihood of his absconsion leaving his family, home and profession and
also there is no likelihood of tampering with evidence by applicant. Final
conclusion of the trial will take considerable long time, therefore, learned
counsel prays for allowing the bail application and for grant of bail.
4. Per contra, learned counsel for the respondent / State has vehemently
opposed the prayer on the ground that this applicant remained absconded for
near about 16 years and disclosure statement reveals his complicity in the
case and prays for dismissal of the application, but fairly admits that no other
evidence is available on record to connect the applicant with the alleged
crime.
5. Heard learned counsel for the parties and perused the case diary.
6. In the aforesaid factual backdrop, looking to the fact that co-accused
has been acquitted, evidence available against the applicant, this Court is
inclined to grant benefit of bail to the applicant. Accordingly, without
commenting on the merits of the case, the bail application is allowed.
7. It is directed that the applicant be released on bail upon his furnishing
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personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with
separate solvent surety in the like amount to the satisfaction of the trial
Court, for his regular appearance before the concerned Court on all the dates
fixed by the said Court, without any default, during trial. He shall abide by
all the conditions enumerated under Section 480(3) of BNSS.
8. The applicant will not indulge himself in any criminal activity in
future. This order shall be effective till the end of the trial, however, in case
of bail jump and / or breach of any of the conditions of bail, this order will
come to an end and applicant will be liable to be arrested by the concerned
authorities.
9. The concerned Court shall get the conditions reproduced on the
personal bond by the accused and on surety bond by the surety concerned. If
any of them is unable to write, the scribe shall certify that he had explained
the conditions to the concerned accused or the surety
10. Accordingly, this M.Cr.C. stands allowed and disposed off.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
RJ
