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2024 Supreme(Online)(MP) 21033

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE PREM NARAYAN SINGH

ON THE 8th OF APRIL, 2024

MISC. CRIMINAL CASE No. 11430 of 2024

BETWEEN:-

IRFAN

S/O

MEWATI,

AGED

ABOUT

30

YEARS,

OCCUPATION: LABOR R/O 23, 20 KAJIPURA RATLAM

(MADHYA PRADESH)

.....APPLICANT

(SHRI MUKESH SINJONIA, ADVOCATE).

AND

THE STATE OF MADHYA PRADESH STATION HOUSE

OFFICER THROUGH POLICE STATION STATION ROAD

DISTRICT RATLAM (MADHYA PRADESH)

.....RESPONDENT

(SHRI SACHIN JAISWAL PL FOR THE STATE)

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

following:

Advocates:
Mukesh Sinjonia,Advocate General

ORDER

This is first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail during trial relating to Crime No. 47/2023, registered at Police Station- Station Road, District- Ratlam, for the offence under Sections 327, 323, 294, 506.34, 419, 170 of I.P.C. The applicant is in custody since 16.01.2024.

2. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. The allegation against the applicant is only of extorting money by using police vehicle but there is no case of theft against the applicant and he is a private Driver of the police (PREM NARAYAN SINGH) JUDGE vehicle. The applicant is in custody since 16.01.2024. The offence is triable by Judicial Magistrate First Class and conclusion of trial will take sufficient long time. Under these circumstances, counsel prays for grant of bail to the applicant.

3 . Learned counsel for the State as well as learned counsel for the objector have opposed the application.

4. I have heard the learned counsel for the parties and perused the record.

5. Looking to the facts and circumstances of the case and the arguments advanced by the learned counsel for the parties and looking to the fact that the offence is triable by JMFC, without commenting on the merits of the case, this application is allowed.

6. It is directed that the applicant be released on bail on his/her 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 securing his/her 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) Cr.P.C.

7. This order shall remain effective till the end of the trial, but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified Copy as per rules.

VD Signature Not Verified Signed by: VARSHA DUBEY Signing time: 10-04-2024 14:30:22

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