Allowed

Manoj Yadav v. the State of Madhya Pradesh

Madhya Pradesh HC18 Apr 2023MCRC/15795/2023

Case brief

AI extract

What is this about?

The High Court of Madhya Pradesh allowed a bail application filed under Section 439 of the Cr.P.C. for offences under Sections 457, 380, and 411 of the IPC. The applicant was released on a personal bond of Rs.50,000 with a solvent surety.

What did the court decide?

The applicant was released on bail by furnishing a personal bond of Rs.50,000 with one solvent surety in a like amount.

Manoj Yadav Vs the State of Madhya Pradesh — Bail and Remand | Madhya Pradesh HC (2023)

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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR

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BEFORE

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HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA) ON THE 18^th OF APRIL, 2023

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MISC. CRIMINAL CASE No. 15795 of 2023

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BETWEEN:-

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MANOJ YADAV S/O SHRI SEMALI YADAV, AGED ABOUT 22 YEARS, OCCUPATION: LABOUR R/O WARD NO 06. CHADAKHURD BARA MOHLLA POLICE STATION NOURAZABAD DISTRICT UMARIA (MADHYA PRADESH)

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.....APPLICANT

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(BY SHRI RAJENDRA YADAV - ADVOCATE)

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AND

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THE STATE OF MADHYA PRADESH THROUGH POLICE STATION NOUROZABAD DISTRICT UMARIA (MADHYA PRADESH)

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.....RESPONDENT

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(BY SHRI P.K. CHOUBEY - GOVERNMENT ADVOCATE )

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

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ORDER

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This is the first application filed by the applicant under Section 439 of Cr.P.C. for grant of bail relating to FIR/Crime No. 62/2023 registered at Police Station Nourazabad District Umaria for the offence punishable under Sections 457, 380 and 411 of the IPC, 1860.

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Learned counsel for the applicant submits that the applicant is innocent and he has been implicated in the alleged offence merely on the basis of memorandum of co-accused recorded under Section 27 of the Indian Evidence Act. Offence is triable by JMFC. Charge-sheet has been filed against the

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Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 4/1 9/2023 11:52:31 AM

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applicant. He has no criminal antecedents. Applicant is in custody since 22/02/2023. Conclusion of trial will take considerable long time. Under such circumstances, he prays for grant of bail.

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On the other hand, learned counsel for the non-applicant/State opposed the prayer for grant of bail but fairly conceded that applicant has no criminal antecedents.

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Looking to the facts and circumstances of the case, on a perusal of the material available on record. without commenting on the merits of the case, this application is allowed.

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It is directed that the applicants be released on bail on his furnishing 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 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.

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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.

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The M.Cr.C. stands allowed and disposed of.

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Certified Copy, as per rules.

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(RAJENDRA KUMAR (VERMA)) JUDGE

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skt

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Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 4/1 9/2023 11:52:31 AM

Manoj Yadav v. the State of Madhya Pradesh

Case brief

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Manoj Yadav v. the State of Madhya Pradesh

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