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Madhya Pradesh High Court

Pushpendra Alias Manak Kaurav vs The State Of Madhya Pradesh on 16 February, 2023

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                       BEFORE
                                          HON'BLE SMT. JUSTICE SUNITA YADAV
                                               ON THE 16 th OF FEBRUARY, 2023
                                           MISC. CRIMINAL CASE No. 7639 of 2023

                          BETWEEN:-
                          PUSHPENDRA ALIAS MANAK KAURAV S/O SHI
                          GANDHAV SINGH KAURAV, AGED ABOUT 25 YEARS,
                          OCCUPATION: STUDENT NARAYAN NBIHAR COLONY
                          GOLE KA MANDIR (MADHYA PRADESH)

                                                                                             .....APPLICANT
                          (BY MR. BRIJENDRA SINGH GOUR - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH INCHARGE POLICE
                          STATION THROUGH POLICE STATION INDARGANJ
                          (MADHYA PRADESH)

                                                                                           .....RESPONDENT
                          (BY MR. ALOK SHARMA - PANEL LAWYER)

                                  This application coming on for admission 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.

T h e applicant has been arrested on 17.1.2023 by Police Station- Inderganj, District- Gwalior (M.P.) in connection with Crime No. 22/2023 registered for the offence punishable under Sections 307, 294, 506 and 34 of IPC.

Allegation against the present applicant-accused is that he along with co- accused persons tried to commit murder of the complainant.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. The FIR has been lodged against unknown persons. Present FIR has been lodged in counter-blast of rivalry between the student's union namely NSUI and ABVP. Entire prosecution story is highly improbable because allegedly the incident occurred in the midnight and the assailants present in the car had their faces covered, therefore, it was not possible to identify them. Further argument is that as per prosecution story, the Scorpio car in which the assailants were chasing the complainant had no number plate whereas the car which has been seized from the possession of the applicant is having the number plate. It is further argued by learned counsel for the applicant that co-accused Vishal has already been granted bail by this Court vide order dated 8.2.2023 passed in MCRC No. 5907 of 2023 whereas co- accused Yuvraj has been granted bail by the trial Court and case of the present applicant is on the same footing as of the aforesaid co-accused persons. Further argument is that applicant is in custody since 17.1.2023. He is the permanent resident of District Gwalior (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, he prays for grant of bail to the applicant.

O n the other hand, learned State counsel opposed the bail application and prayed for its rejection.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case, but without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on furnishing a personal bond in Signature Not Verified the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with two solvent Signed by: ALOK KUMAR Signing time: 17-Feb-23 2:18:48 PM 3 sureties in the like amount to the satisfaction of the trial Court/committal 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/her;

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

3) The applicant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The applicant shall not commit any offence during pendency of the trial, failing which, this bail order shall stand cancelled automatically without further reference to the Bench;

5) The 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.

Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

(SUNITA YADAV) JUDGE AKS Signature Not Verified Signed by: ALOK KUMAR Signing time: 17-Feb-23 2:18:48 PM