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2024 Supreme(Online)(MP) 9726

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE PREM NARAYAN SINGH

ON THE 10th OF APRIL, 2024

MISC. CRIMINAL CASE No. 13246 of 2024

BETWEEN:-

KISHOR S/O RADHAKISHAN, AGED ABOUT 61 YEARS,

OCCUPATION:

LABOUR

DIST.-

DHAR

(MADHYA

PRADESH)

.....APPLICANT

(MS. NIVEDITA SHARMA, LEARNED COUNSEL FOR THE PETITIONER [P-

1].

AND

THE STATE OF MADHYA PRADESH STATION HOUSE

OFFICER THROUGH POLICE STATION MAKDONE, DIST.

UJJAIN (MADHYA PRADESH)

.....RESPONDENTS

(MS. VINITA DWIVEDI PL APPEARING ON BEHALF OF ADVOCATE

GENERAL.

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

following:

Advocates:
Manish Yadav,Advocate General

ORDER

Heard and perused the record.

This is 2nd bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of appellant in relation to Crime/F.I.R. No.194/2023 registered at Police-Station-Makdon, District-Ujjan for the offence under Sections 4, 6, 9 of M.P. Govansh Vadh Pratished Adhiniyam & under Section 11(1)(d) of Prevention of cruelty to Animals Act. The applicant is in jail since 02.01.2024. Earlier, first bail application of the applicant was dismissed as withdrawn with liberty to renew the prayer after two months.

2. As per prosecution story, the allegation against the applicant is that he was indulged in illegal transportation of Go Vansh.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He is custody since 02.01.2024. It is further submitted that the period of liberty so granted by this Court is already lapsed. The applicant is having strong criminal record, but no one kept in jail for indefinite period on the ground of criminal record. The final conclusion of the trial is likely to take sufficient long time, hence, it is prayed that the applicant is entitled to be released on bail.

4. Learned Government Advocate for the respondent/State also opposed the prayer made by the applicant and prays for its rejection on the ground that six criminal records have been registered against the applicant and out of which four are of similar nature.

5. Having taken into consideration the rival submissions and looking to the period of custody, so also considering the fact that final conclusion of trial will take considerable time, I am inclined to release the applicant on bail.

Consequently, without commenting anything on the merits of the case, bail application under Section 439 of the Code of Criminal Procedure filed on behalf of applicant, stands allowed.

6. It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty 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. 7. 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.

The M.Cr.C. stands allowed and disposed of. Certified copy as per rules.

(PREM NARAYAN SINGH) JUDGE amit Signature Not Verified Signed by: AMIT KUMAR Signing time: 4/11/2024 2:32:16 PM

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