IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE

COMPUTER-SHEET
Class of Case: MCRC Number* ....................................... of 2024 SB*
1. Petitioner: Daulat Singh & Anr. Applicants:
2. Respondent: State of M.P.
non-applicants:
3. Date of Filing & Registration:
4. Subject Matter: Application for grant of Bail U/s. 439 of CRPC
5. Provision of Law: Application for grant of Bail U/s. 439 of CRPC
6. Subject Category Code Number:
Sub-code Number (As per Annexure to the Rules)
7. Name of the Main Advocate: Vikas Rathi 1909/2003
Akash Rathi 2256/2006

(with State Bar Council Enrollment Number)

8. Name (s) of Associate Advocate (s):
(with State Bar Council Enrollment Number (s))
9. Particulars of the Lower Court, Authority or Tribunal, viz.-
(a) Name:
(b) Designation. Special Judge, Additional Special Judge(SC/ST
(PA) Act)Dist. Rajgarh (M.P)
(c) Case, File / Order Number –B.A. No. 302/2024
(d) Date of Impugned Judgment / Order / Award. - 20.06.2024
(e) Crime Details: Crime No. 164/2024
(f) Police Station Name. Kalipith, Dist. Rajgarh (M.P)
Police Station Code'
10. Whether the petitioner/ appellant / Applicant is desirous of getting
the matter settled through any of the alternative modes of dispute
resolution prescribed under section 89 C.P.C. (Yes / No) If yes, by which
mode? i.e. arbitration/conciliation /Lok Adalat/ mediation.
11. Caveat notice, whether received. (Yes / No)
Place I n d o r e
Date /07/2024
(AKASH RATHI)
COUNSEL FOR THE APPLICANTS
 MCRC. NO. /2024

BEFORE THE HON’BLE HIGH COURT OF M.P.

BENCH AT INDORE

Daulat singh & Anr. ……APPLICANTS

VERSUS

State of M. P ……RESPONDENT

INDEX

S.No. Particulars Annexure Page

No.
1. Memo of Bail Application

2. Copy of learned lower court order A/1

dated 20/06/2024
3. Vakalatnama

INDORE Submitted by,

DATE: /07/2024

(AKASH RATHI)
COUNSEL FOR THE APPLICANTS
 MCRC. NO /2024

IN THE HON’BLE HIGH COURT OF M.P.: BENCH AT

INDORE
APPLICANTS 1. Daulat Singh S/o of Bapulal
Age: 40 Years, Occupation: Agriculturist

2.Rahul Singh S/o Daulat Singh

Age 20 Years, Occupation: Student/
Agriculturist
Both R/o Bananiya, Rajgarh, (M.P)

Versus

RESPONDANT State of M.P. through

P.S. Kalipith
District Rajgarh(M.P.)

FIRST APPLICATION U/S. 439 OF THE CODE OF

CRIMINAL PROCEDURE
Any application is pending Date of
No. Result
or disposed of by- Order
Hon'ble Supreme court NIL NIL NIL

Hon'ble High Court NIL NIL NIL

BA No.
Learned Sessions Court 20/06/2024 Dismissed
302/2024

Particulars of Crime Particulars of Impugned Order

BA No.
Crime No. 164/2024 Case No.
302/2024

Police Station Kalukheda Designation Special Judge,

Additional Special
Judge (SC/ST
(PA) Act)
Offence U/S. 294,307,323,506 Place Rajgarh
,34 of IPC
 Date of Arrest 12/06/2024 Date of order 20/06/2024

It is most humbly and respectfully submitted on behalf of the above-

named Applicants for his release on bail on the following grounds inter-

alia: -

1. That, this is the Applicant’s First Application for bail before the

High Court of M.P.

2. That, no application u/s 439 of CRPC for bail of the Applicant is

pending before or decided by the Supreme Court, any high

court except particulars given above.

3. That, the applicant does not have any knowledge of the bail

application preferred by the co-accused.

3 (A). That, to the best of the knowledge of the Applicants, no

bail application in respect of cross-case under section 439 of

CrPC is pending before or decided by the Supreme Court, any

High Court.

3 (B). That, to the best of knowledge of the Applicants, no bail

application in cross-case is filed by any of the co-accused

persons.
4. That, a copy of the learned Lower Court order dated

20/06/2024 is annexed herewith and marked as

ANNEXURE A/1.

5. B R I E F F AC T S

As per the prosecution story, it is alleged that on 11/06/2024

the present applicants have caused injury to the complainant.

Subsequently a FIR bearing No. 164/2024 registered against

the Applicants u/s 294,307,323,506 & 34 of IPC at P.S. Kalipith,

Dist. Rajgarh (M.P.).

6. G R O U N D S

a) That, the present applicant are being falsely implicated in the

present matter and have noting to do with the

aforementioned offences.

b) That, the allegation levelled against the applicant is frivolous

and vexatious in nature.

c) That, no incriminating material has been seized form the

possession of the present applicant.

d) That, even in the medical there is no grievous injury found

on the body of the injured person as the injuries are simple

in nature.

e) That, as per instruction the present applicant have no criminal

antecedents.
f) That, the applicants have no motive or reason to indulge

themselves in any such offence.

g) That, no concrete evidence has been presented by the

prosecution regarding the involvement of the Applicants in

the present matter.

h) That, no FSL report is produced by the prosecution to justify

the allegation levelled against the present applicants.

i) That, the Applicants has no connection with the alleged

offence and have been falsely implicated in the present

case.

j) That, there is no cogent evidence available against the

Applicants in the present matter.

k) That, the Applicant no. 2 is a young student and being in the

custody with the company or hardened criminal will hamper

his future and mind.

l) That, the allegations do not fulfill the basic ingredients in the

present case against the Applicants.

m) That, the Applicants are the sole earning members of their

family and therefore this presence is required in the family to

fulfill the basic needs of the family.

n) That, there is no direct evidence to connect the Applicants

with the aforementioned offence.

 o) That, the facts of the case do not constitute any offence

mentioned above.

p) That, the other grounds shall be urged at the time of the

hearing.

7. That, the Applicants are a permanent resident of Dist. Rajgarh

mentioned supra and there is no apprehension of them either

running away from the course of justice or tampering with the

prosecution evidence.

8. That, the Applicants are ready to furnish adequate surety and

shall abide by all the directions and conditions which this

Hon’ble Court deems fit to impose upon them.

PRAYER

It is, therefore, most humbly and respectfully prayed that in the interest

of justice, pending the conclusion of the trial, this Hon’ble Court may

kindly be pleased to order that the Applicants/Accused be enlarged on

bail.

PLACE : INDORE Submitted by,

DATE : /07/2024

(AKASH RATHI)
COUNSEL FOR THE APPLICANTS