Madhya Pradesh High Court
Keshav Alias Duddu vs The State Of Madhya Pradesh on 5 May, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 5 th OF MAY, 2025
MISC. CRIMINAL CASE No. 17459 of 2025
KESHAV ALIAS DUDDU
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Nimesh Pathak - Advocate for the applicant.
Shri Vinod Thakur - Govt. Advocate for the respondent/State.
ORDER
This first application has been filed by the applicant under Section
483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in
connection with Crime No.525/2024 registered at Police Station - Badwah,
District Khargone, (M.P.) for offence punishable under Sections 309(4),
309(6) of BNS, 2023 & 25(1)(b) of Arms Act. Applicant is in judicial
custody since 21.09.2024.
As per the case of prosecution, Akash, Roop singh, Golu and Ankit
were in a party at the Farm House of Nilesh Rokadiyaji at village Katkheda
on 20.09.2024. Duddu alias Keshav(applicant), Paras and Mari alias Kanha
went there on their Pulsar Motorcycle and committed robbery of cash
amount from Akash, Roop Singh, Golu, Ankit and Bharat on point of knife.
All the three accused threatened to kill them and fled away. P.S. Badwah
registered FIR for offence punishable u/S 309(4) and 309(6) of BNS, 2023
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against - Duddu alias Keshav, Paras and Mari alias Kanha. The applicant is
in custody since 21.09.2024. He is in custody ever since. Co-accused were
also arrested. Relevant seizures have been made. On completion of
investigation, final report was submitted.
Learned Counsel for the applicant, in addition to the grounds
mentioned in the minor altercation is given colour of robbery. No offence, as
alleged, is committed by the applicant. Learned counsel referring to the
evidence of Akash(PW-1), Sumit(PW-2), Bharat(PW-3), Ankit (PW-4) and
Roop Singh (PW-5) submits that none of the victims have supported the case
of prosecution. Rather, they have exonerated the applicant from the alleged
offence. The fate of prosecution against the applicant is apparent. The
applicant is aged 23 years. He is labourer by profession. He has
responsibility of his family. Co-accused Paras has been extended benefit of
bail vide order dated 24.03.2025 passed in M.Cr.C. No. 11601/2025. The
trial would take time to conclude. Therefore, applicant may be extended the
benefit of bail.
Per contra, learned counsel for the respondent/State opposes the bail
application and cites 08 cases constituting criminal antecedents against the
applicant.
In reply, learned counsel for the applicant referring to the judgments/orders
of acquittal submits that applicant has been acquitted in 06 of the matters enlisted
as criminal antecedents of the applicant. Other 02 matters are pending for trial. He
has never been convicted.
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Heard the arguments, perused the grounds for grant of bail stated in
the application and the case diary.
Allegedly, the applicant was implicated for committing robbery
alongwith his associates. The complainant and the victims did not support
the prosecution in trial. The veracity of prosecution will be considered at trial
after evidence. As informed, the applicant is aged around 23 years and is a
labourer by profession. He is sole bread earner and has responsibility of his
family. Considering these aspects, there appears to be no possibility of
fleeing from justice. In absence of any substantial criminal past and previous
conviction for any major offence, considering the socio-economic status of
the applicant, there appears to be no likelihood of tampering with evidence
or influencing the witnesses by the applicant. Further custodial interrogation
of applicant is not needed. The trial would take time to conclude. There
appears to be no compelling reason to continue incarceration of the
applicant. However, the observations, herein-above, are recorded for present
application only.
Considering the rival contentions and overall circumstances of the
case, in the light of aforesaid facts, but without commenting on the merits,
this Court is inclined to release the applicant on bail. Thus, present
application is allowed.
Accordingly, it is directed that applicant - Keshav alias Duddu shall
be released on bail in connection with the crime as stated in para-1 of this
order, upon furnishing personal bond and surety bond of amount, as may be
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considered appropriate by the Trial Court/The Committal Court for
compliance with conditions, as may be imposed by such Court under Section
437(3) of Cr.P.C. 1973/ Section 480(3) of BNSS, 2023, to secure presence of
the applicant for the trial.
This order shall be effective till the end of trial. However, in case of
breach of any of the preconditions of bail, the Trial Court may consider, on
merit, cancellation of bail without any impediment of this order.
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.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
sh
