Mahadev Ahirwar vs The State Of Madhya Pradesh on 20 September, 2022

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Madhya Pradesh High Court

Mahadev Ahirwar vs The State Of Madhya Pradesh on 20 September, 2022

Bench: Vishal Dhagat

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                            BEFORE
                                              HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                  ON THE 20th OF SEPTEMBER, 2022

                                          MISC. CRIMINAL CASE No. 42359 of 2022

                                   BETWEEN:-
                                   MAHADEV AHIRWAR S/O SHRI MUTIYA
                                   AHIRWAR,   AGED   ABOUT     45   YEARS,
                                   OCCUPATION:   LABOUR    VILLAGE      OF
                                   GADARPURA POLICE STATION KHAJURAHO
                                   DISTRICT  CHHATAPUR   (M.P.)   (MADHYA
                                   PRADESH)

                                                                                            .....PETITIONER
                                   (BY SHRI B. J. CHOURASIA, ADVOCATE )

                                   AND
                                   THE STATE OF MADHYA PRADESH THROUGH
                                   POLICE STATION KHAJURAHO DISTRICT
                                   CHHATARPUR (M.P.) (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                                   (BY SHRI NARENDRA CHOURASIA, GOVT. ADVOCATE)

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

This is first bail application filed under Section 439 CrPC on behalf of applicant in connection with Crime No.185/2022, registered at Police Station Khajuraha, District Chhatarpur (M.P.), for the offences punishable under Sections 307 and 294 of IPC.

Learned counsel appearing for the applicant submitted that injury caused by applicant was not dangerous to life. Victim is said to have received fracture in zygomatic area. It is submitted that investigation is complete and challan has already been filed. Applicant will not flee from law and will co-operate in trial.

Signature Not Verified Signed by: MONSI M SIMON Signing time: 9/21/2022 11:04:05 AM 2

In these circumstances, applicant be released on bail.

Learned Govt. Advocate appearing for the respondent/State opposed the prayer for grant of bail. It is submitted that injury was caused by sharp edged weapon. Applicant had the intention to kill the victim. In view of same, bail application filed by applicant be dismissed.

Heard the learned counsel for the parties.

Considering the fact that investigation is complete, charge sheet has been filed and injury is not reported to be dangerous to life, bail application filed by the applicant is allowed.

It is directed that applicant shall 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.

The applicant shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.

C.C as per rules.

(VISHAL DHAGAT) JUDGE mms Signature Not Verified Signed by: MONSI M SIMON Signing time: 9/21/2022 11:04:05 AM

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