IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT nd ON THE 2 OF SEPTEMBER, 2023 MISC. CRIMINAL CASE No. 36798 of 2023 BETWEEN:-

SIBBU @ SANAT KUMAR YADAV S/O SHRI SANMAT PRASADYADAV, AGED ABOUT 25 YEARS, OCCUPATION: PRIVATE JOB AT PAWAN MITTAL COMPANY KATNI R/O DEVGAON P.S. RITHI DISTT. KATNI (MADHYA PRADESH).

.....APPLICANT (BY SHRI AMIT VERMA - APPLICANT)

AND STATE OF MADHYA PRADESH THROUGH P.S. RITHI DISTRICT KANTI (MADHYA PRADESH).

.....RESPONDENT (BY SHRI PRAMOD CHOUBEY - GOVERNMENT ADVOCATE)

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

ORDER

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of regular bail relating to FIR No. 191/2023, registered at Police Station-Rithi, District Katni (M.P.) for the offence under Sections 436, 294, 323, 324, 427 and 506/34 of Indian Penal Code. 2. Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. Applicant was not part of the mob which put the shop on fire. One of the co-accused in the case namely Monu has been released on bail. Case of applicant is similar to that of Signature Not Verified Signed by: VINOD KUMAR co-accused person. In these circumstances, applicant be enlarged on bail. 3. Learned Government Advocate appearing for the State opposed the application for grant of bail. It is submitted that bail application of co-accused Shiv Kumar @ Shivki has been dismissed. Case of applicant is not different from said co-accused person. Bail of co-accused Monu was allowed because he was of tender age i.e. 18 years of age. In these circumstances, applicant may not be released on bail.

4. Heard the counsel for the parties.

5. Applicant is a young man aged about 25 years. It is stated that applicant was not part of the mob. Incident of burning of liquor shop has been done by a mob of 50 persons. No specific role has been ascribed to applicant in the incident. He is not having any criminal history and is first time offender.

6. Considering aforesaid circumstances, bail application filed by applicant is allowed. It is directed that the applicant be released on bail on furnishing personal bond of Rs.50,000/- (Rs. fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before Court on all such dates as may be fixed in this regard during pendency of trial.

7. The applicant shall also abide by the following conditions of Section

437 (3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, Signature Not Verified Signed by: VINOD KUMAR threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

C.C. as per rules (VISHAL DHAGAT)

JUDGE vkt Signature Not Verified Signed by: VINOD KUMAR