Arsh Suadagar vs The State Of Madhya Pradesh on 16 January, 2023

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Madhya Pradesh High Court

Arsh Suadagar vs The State Of Madhya Pradesh on 16 January, 2023

Bench: Anand Pathak

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE ANAND PATHAK
                                              ON THE 16 th OF JANUARY, 2023
                                          MISC. CRIMINAL CASE No. 2120 of 2023

                          BETWEEN:-
                          ARSH SUADAGAR S/O AYUSH SUADAGAR, AGED ABOUT
                          18 YEARS, OCCUPATION: STUDENT R/O MANIHARI
                          MOHALLA P.S. CITY KOTWALI DISTRICT CHHATARPUR
                          (M.P.) (MADHYA PRADESH)

                                                                                           .....APPLICANT
                          (BY SHRI SIDDHANT KOCHAR- ADVOCATE)

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

                                                                                       .....RESPONDENTS
                          (BY SHRI AKSHAY NAMDEO- GOVERNMENT ADVOCATE)

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

The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail, who has been in judicial custody since 05.11.2022 in connection with Crime No.431/2022 registered at Police Station- City Kotwali, District- Chhatarpur for the offences punishable under Sections 323, 324, 294, 307, 506 read with section 34 of IPC and 25(1-B) (b) of Arms Act.

I t is the submission of learned counsel for the applicant that he is suffering confinement since 05.11.2022 and charge-sheet has been filed. It is the submission of the counsel for the applicant that as per allegation it was prime Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 1/17/2023 11:22:17 AM 2 accused Roshan Mansoori who inflicted knife blow to the victim. Role of applicant is confined to presence only. Confinement amounts to pre-trial detention. Applicant does not bear any criminal record. Applicant undertakes to cooperate in trial as well as investigation and would make himself available as and when required. He would not be a source of embarrassment or harassment to the complainant and would not move in the vicinity of complainant party. Under these grounds, he prayed for bail.

Learned Panel Advocate for the State opposed the prayer and prayed for its dismissal.

Heard learned counsel for the parties at length and perused the case diary.

Considering the submissions advanced by the learned counsel for the parties and the fact situation as well as looking to the fact that the applicant has no criminal antecedents, without commenting on the merits of the case, the application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of trial Court.

This order will remain operative subject to compliance of the following conditions by the applicant :-

1. The applicant will comply with all the terms and conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as the case may be;

3. The applicant will not indulge him in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 1/17/2023 11:22:17 AM 3 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7.The applicant shall mark his presence in the first week of every month before the concerned Police Station between 10:30 am to 2:30 pm til the conclusion of the trial.

8. The applicant shall not move in the vicinity of prosecutrix and shall not be a source of embarrassment or harassment to the complainant in any manner, otherwise benefit of bail shall be immediately withdrawn.

A copy of this order be sent to the trial Court concerned for compliance and information.

Certified copy as per rules.

(ANAND PATHAK) JUDGE rk.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 1/17/2023 11:22:17 AM

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