Haribabu Sharma vs The State Of Madhya Pradesh on 19 April, 2022

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Madhya Pradesh High Court

Haribabu Sharma vs The State Of Madhya Pradesh on 19 April, 2022

Author: Rajeev Kumar Shrivastava

Bench: Rajeev Kumar Shrivastava

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                              BEFORE
          HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                         ON THE 19th OF APRIL, 2022

              MISC. CRIMINAL CASE No. 18834 of 2022

        Between:-
        HARIBABU        SHARMA    S/O     SHRI
        LAXMINARAYAN SHARMA, AGED ABOUT 48
        Y E A R S , KARARIYA KHEDA    (MADHYA
        PRADESH)

                                                               .....APPLICANT
        (BY SHRI D.S. TOMAR, ADVOCATE )

        AND

        THE   STATE   OF   MADHYA   PRADESH
        INCHARGE POLICE STATION PS CIVIL LINE
        VIDISHA (MADHYA PRADESH)

                                                            .....RESPONDENTS
        (BY SMT. ABHA MISHRA, PUBLIC PROSECUTOR FOR THE
        STATE )

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

The applicant has filed this first application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 29/03/2022 by Police Station Civil Line, Distt. Vidisha (M.P.) in connection with Crime No.894/2021 registered for offence under Sections 341, 327, 294, 325, 506, 34 & 329 of the IPC.

I t is submitted by learned counsel for the applicant- Haribabu Sharma that the applicant has not committed any offence. He has falsely been implicated in this case. The applicant is innocent and he is in custody since 29/03/2022. It is further submitted that initially the case was registered under Sections 341, 327, 294, 325, 506 read with Section 34 of the IPC. Thereafter, Section 329 of the IPC has been enhanced. Earlier one FIR was lodged by the co-accused against the complainant of this case. As a counterblast, the present false FIR has been lodged by the applicant. Investigation is about to complete. Remaining investigation and trial will take 2 its own time. Applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, prays for grant of bail to the present applicant.

Per contra, learned State counsel has vehemently opposed the submissions and submitted that the offence under Sections 341, 327, 294, 325, 506, 34 & 329 of the IPC wherein injuries have been caused to the victim by the applicant along with other co-accused persons and during the incident, iron rod, pipe and danda have been used by them. Considering the nature and gravity of offence, learned State counsel prayed to reject this application filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case diary.

Considering the arguments advanced by learned counsel for the parties along with facts and circumstances of the case and the fact that trial will take its own time, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.75,000/- (Rupees Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

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 himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled and whole amount of 3 his bail bonds will be forfeited;

5. The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial; and

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

Application stands disposed of in above terms. Let a copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE pwn* PAWAN KUMAR 2022.04.19 17:18:52 +05'30'

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