IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL th ON THE 19 OF FEBRUARY, 2024 MISC. CRIMINAL CASE No. 54295 of 2023 BETWEEN:-

BHAGWANDAS SARTIYA S/O HAKKULAL SARATIYA, AGED ABOUT 24 YEARS, OCCUPATION: LABOUR R/O SAMNAPUR P.S. DHUMA TAHSIL LAKHNADON DISTRICT SEONI (MADHYA PRADESH)

.....APPLICANT (BY SHRI SHARAD VERMA - ADVOCATE )

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION GHANSORE DISTRICT SEONI (MADHYA PRADESH)

.....RESPONDENT (BY SHRI DINESH PATEL - DY. GOVERNMENT ADVOCATE )

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

ORDER

This is the first bail application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to Crime No.239/2023 registered at Police Station - Ghansore District Seoni (M.P.) for the offence punishable under Sections 294, 323, 324, 506, 302 and 34 of IPC.

Applicant is in custody since 12.08.2023.

2. As per the prosecution story, On 22.07.2023 Radhelal Kakodiya lodged written report at P.S. Ghansore District Seoni stating that on 17.07.2023 at about 7:30 pm in village Batwani near Ghatoi Mata Mandir, two unknown Signature Not Verified Signed by: ANUPRIYA persons abused Ramkumar Inwati and his fried and also assaulted them with Danda. On the basis of aforesaid information, initially offences punishable under Section 294, 323, 34 of IPC have been registered vicde crime No.239/2023 at P.S Ghansore District Seoni and statements of witnesses were recorded. During the course of treatment, Ramkumar Inwati succumbed to death on 04.08.2023 and hence offence under Section 302 of IPC has been added. During the course of investigation, present applicant and co-accused Deepak Parte were arrested on 12.08.2023 and their memorandum of statements under Section 27 of Evidence Act were recorded. The applicant thereafter has been arrested and remanded to judicial custody.

3. Learned counsel for the applicant submitted that applicant is in jail since 12.08.2023. He has been falsely implicated. It is submitted that in FIR, name of the present applicant is not mentioned. FIR was lodged five days after the incident. The prosecution witness has not taken the name of the applicant. No motive is present. The case is based on circumstantial evidence. In TIP, witness Neeraj has not identified the present applicant and his statement recorded under Section 161 and 164 of Cr.P.C are contradictory. Charge sheet has been filed. The trial of the case will take considerable time. Therefore, it has been prayed that the applicant may be released on bail pending the trial.

4. On the other hand, learned counsel for State has opposed the bail application.

5. Having taken into consideration all the facts and circumstances of the case, but without commenting on merit of the case, I am inclined to release the applicant on bail. Consequently, bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed Signature Not Verified Signed by: ANUPRIYA

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.

Certified copy as per rules.

(PRAMOD KUMAR AGRAWAL)

JUDGE anu Signature Not Verified Signed by: ANUPRIYA