Madhya Pradesh High Court
Hrithik vs The State Of Madhya Pradesh on 1 February, 2019
Author: Vandana Kasrekar
Bench: Vandana Kasrekar
M.Cr.C. No.3670/2019 1 Hrithik S/o Ashok Basor vs. State of M.P. The High Court Of Madhya Pradesh Indore : 01/02/2019 :-
Shri Ashish Gupta, learned counsel for the applicant. Shri Rahul Vijaywargiya, learned Government Advocate for the non-applicant/State.
Heard with the aid of case diary.
This is the first bail application under Section 439 of Cr.P.C. before High Court in connection with Crime No.23/2019 under Section 307, 147, 148, 323 and 324 of IPC registered at Police Station - Jhabua, District-Jhabua and applicant is in custody since 07/01/2019.
2. According to the prosecution case, on 06/01/2019, complainant-Manoj S/o Karishna Basor lodged a complaint that today around 10:30 AM when the complainant went to Ayodhya Nagar on knowing that a fight has occurred there. On reaching complainant saw his Uncle near a tree with other people where the present applicant and co-accused persons who started abusing his Uncle with filthy language. Thereafter on interception by complainant, the present applicant and co- accused persons assaulted him by means of sword, plastic pipes and stone.
3. It is submitted by the learned counsel for the applicant that the present applicant has only pelted the stone and has not assaulted the complainant by any weapon or sword. It is argued that applicant is innocent and has falsely been implicated in the present case. There is no evidence against him. Conclude of trial is likely to take time. The applicant is permanent resident of District-Jhabua. There is no possibility of his absconding. He is ready to furnish adequate security. The accused is in custody since 07/01/2019. Investigation is Digitally signed by Jagdishan Aiyer Date: 01/02/2019 15:46:17 M.Cr.C. No.3670/2019 2 Hrithik S/o Ashok Basor vs. State of M.P. over and charge-sheet has already been filed. Trial is likely to take time, therefore, he prays for release of the applicant on bail.
4. The learned Government Advocate has opposed the bail application.
5. In view of the aforesaid, the role played by the present applicant and other facts and circumstances of the case, I deem it proper to release the accused on bail. Therefore, without commenting on merits of the case, the bail application is allowed.
6. It is directed that the applicant - Hrithik S/o Ashok Basor be released from custody on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court as and when required further subject to the following conditions :-
(i) The applicant shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous grounds to protract the trial;
(ii) The applicant shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade him from disclosing truth before the Court;
(iii) The applicant shall not commit any offence or involve in any criminal activity;
(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.
C.C. as per rules.
(Ms. Vandana Kasrekar, J.) Aiyer* Digitally signed by Jagdishan Aiyer Date: 01/02/2019 15:46:17