IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA th ON THE 5 OF JULY, 2023 MISC. CRIMINAL CASE No. 28622 of 2023 BETWEEN:-

BANESINGH S/O BIHARILAL, AGED ABOUT 52 YEARS, OCCUPATION: LABOR, R/O: DURGA COLONY, GHATIYA, DISTT. UJJAIN (MADHYA PRADESH)

.....APPLICANT (BY SHRI ASHISH GUPTA - ADVOCATE)

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

UJJAIN (MADHYA PRADESH)

.....RESPONDENT (BY SHRI D.G. MISHRA - GOVERNMENT ADVOCATE)

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

ORDER

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail relating to Crime No.99/2023 registered at P.S. Raghvi, District Ujjain (M.P.) for commission of offence punishable under Sections 365, 323, 384, 388, 102, 120-B and 34 of IPC. He is in jail since 17.06.2023.

2. As per the prosecution story, present applicant and co-accused had pressurized Umraovsingh and Sumer Singh to sign some papers related to a property otherwise they will be implicated in a case of rape. Thereafter, prosecutrix lodged a false report against the Umraovsingh and Sumer Singh for Signature Not Verified Signed by: ANUSHREE commission of rape upon her and present applicant and other co-accused grabbed amount from the Umraovsingh and Sumer Singh. Accordingly, a case has been registered.

3. Learned counsel for the applicant submits that applicant is innocent person and he has been falsely implicated in this matter. Applicant is in jail since 17.06.2023. He has no enmity with the Umraovsingh and Sumer Singh. He has not received any monetary benefit from them. He has no role to play in the alleged offence. He has been implicated in this offence only on the basis of memorandum under Section 27 of Evidence Act given by co-accused. He is a permanent resident of District Ujjain. Applicant is not having any criminal past. Final conclusion of trial will take considerable long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

4. Per-contra, learned counsel for respondent/State opposes the bail application and prays for its rejection.

5. Perused the case diary as well as the impugned order of the court below.

6. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that applicant is not named in the FIR; no agreement or any other written document regarding the alleged sale of land of Umraosingh and Sumer Singh has been found in the case diary; from perusal of the statement of witnesses, it appears that present applicant is not actively participated in the said agreement or any other deed, which was allegedly executed; only omnibus allegation has been levelled against the present applicant Signature Not Verified Signed by: ANUSHREE and final conclusion of trial will take considerable long time. In these circumstances, I deem it proper to release the applicant on bail. Therefore, without commenting on the merits of the case, the application is allowed.

7. It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

Certified copy as per rules.

(ANIL VERMA)

JUDGE Anushree Signature Not Verified Signed by: ANUSHREE