IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA nd ON THE 22 OF MARCH, 2024 MISC. CRIMINAL CASE No. 8080 of 2024 BETWEEN:-

DEVENDRA SINGH S/O VIJENDRA SINGH SONGRA, AGED ABOUT 40 YEARS, OCCUPATION: AGRICULTURE VILLAGE JHARKHEDI THANA BILPANK DISTRICT RATLAM (MADHYA PRADESH)

.....APPLICANT (BY SHRI AKASH RATHI, LEARNED COUNSEL)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION BILPANK DIST.

RATLAM (MADHYA PRADESH)

.....RESPONDENT (BY SHRI PRASHANT JAIN, LEARNED GOVT.ADVOCATE)

MISC. CRIMINAL CASE No. 8043 of 2024 BETWEEN:-

BANTI @ ARUN S/O DHANALAL SHARMA, AGED ABOUT 26 YEARS, OCCUPATION: FARMER R/O GRAM DANTODIYA DISTT. RATLAM (MADHYA PRADESH)

.....APPLICANT (BY SHRI ABHISHEK RATHORE, LEARNED COUNSEL)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION BILPANK DISTT.

RATLAM (MADHYA PRADESH)

.....RESPONDENT (BY SHRI PRASHANT JAIN, LEARNED GOVT.ADVOCATE)

Signature Not Verified This application coming on for admission this day, the court passed the following:

ORDER

Heard with the aid of case diary.

These are first bail applications filed under Section 439 of Cr.P.C. for grant of bail to applicant Devendra Singh (in M.Cr.C.No.8080/2024) and applicant - Banti @ Arun (in M.Cr.C. No.8043/2024) as they have been arrested in connection with FIR/Crime No.79/2024 dated - not mentioned registered at P.S. - Bilpank, District - Ratlam (M.P.) for commission of offence punishable under Sections 427, 294, 323, 452, 147, 148, 327, 506 of IPC and Section 25 of Arms Act.

2. Prosecution story, in brief is that on 18.8.2023 at around 11.00 PM the present applicants and co-accused persons Shubham, Rajveer, Ashish, Gaurav, Arjun and others came by car at Chikhliya Toll Gate. There was some heated arguments between the applicants and Toll Manager Rajesh. Thereafter, the present applicants carrying with pistol, Lathi entered into the office of Toll plaza and threatened to the complainant Rajesh and other employees of Toll Plaza.

The matter was reported on 12.2.2024 against the accused persons.

3. Learned counsel for the applicants/accused submits that the applicants have not committed the offence and have falsely been implicated in the case. It is submitted that FIR was lodged after more than six months without any cogent reasons. It is submitted that offence is triable by Judicial Magistrate First Class. The applicant Devendra Singh is in custody since 15.2.2024 and applicant Banti @ Arun is in custody since 13.2.2024 respectively. Investigation is complete and the charge sheet has been filed. Conclusion of trial will take sufficient long time for its disposal therefore, prayer is made for grant of bail to Signature Not Verified the applicant.

4. On the other hand, counsel for the State has opposed the prayer and prayed for rejection of the bail applications.

5. Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case, without commenting on the merits of the case, this Court is of the view that applicants deserve to be enlarged on bail hence, the applications are allowed

6. It is directed that the applicants - Devendra Singh and Banti @

Arun shall be released on bail upon each of them furnishing personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with separate solvent sureties i n the like amount to the satisfaction of the concerned trial Court for their appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during pendency of the trial. It is further directed that applicants shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.

7. This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.

8. With the aforesaid, this applications are allowed and stands disposed of.

Certified copy, as per Rules.

(PRAKASH CHANDRA GUPTA)

JUDGE patil Signature Not Verified