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2024 Supreme(Online)(MP) 6493

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE PREM NARAYAN SINGH

ON THE 29th OF MAY, 2024

MISC. CRIMINAL CASE No. 21038 of 2024

BETWEEN:-

SHAILENDRA TRIVEDI S/O RAJENDRA PRASAD, AGED

ABOUT

62

YEARS, OCCUPATION: AGRICULTURIST

GRAM NALKHEDA, TEH. AND DIST. AGAR MALWA

(MADHYA PRADESH)

.....APPLICANT

(BY SHRI SHANTANU SHARMA, ADVOCATE)

AND

THE STATE OF MADHYA PRADESH STATION HOUSE

OFFICER THROUGH POLICE STATION KHARGONE

DIST. KHARGONE (MADHYA PRADESH)

.....RESPONDENT

(BY SHRI H.S. RATHORE, GOVERNMENT ADVOCATE)

(BY SHRI VISHAL SHARMA, ADVOCATE FOR OBJECTOR)

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

following:

Advocates:
Shantanu Sharma,Advocate General

ORDER

Heard and perused the record.

This is the first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure for grant of bail. The applicant is arrested in relation to Crime/FIR No.227/2024, dated (not mentioned), registered at Police Station-Khargone, District-Khargone for offence under Sections 384 and 385 of IPC. The applicant is in jail since 29.04.2024. 2 . As per prosecution story, it is alleged that the complainant was working on the post of Assistant Grade-2 at Krishi Upaj Mandi in the year 1996.

It was alleged that the present accused alongwith co-accused Ravindra have mentally harassed and blackmailed the complainant that he has used forged caste certificate to get his job.

3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. The applicant is active journalist who makes complaints against the person who commits fraud and takes the benefit from the said action. The applicant is in jail since 29.04.2024. Final conclusion of trial will take sufficient long time. Under these circumstances, counsel prays for grant of bail to the applicant.

4. On the other hand, learned counsel for the State opposed the prayer and prays for its rejection.

5. After hearing learned counsel for the parties and looking to the facts and circumstances of the case as well as custody period of the appliant, I am of the view that it is a case in which applicant may be released on bail.

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

6. It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial. It is also directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. 7. This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(PREM NARAYAN SINGH) JUDGE Vindesh Signature Not Verified Signed by: VINDESH RAIKWAR Signing time: 5/29/2024 7:03:17 PM

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