Dipanshu vs The State Of Madhya Pradesh on 9 May, 2022

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Madhya Pradesh High Court

Dipanshu vs The State Of Madhya Pradesh on 9 May, 2022

Bench: Satyendra Kumar Singh

                                                                       1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT INDORE
                                                                    BEFORE
                                                 HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                                                               ON THE 9th OF MAY, 2022

                                                   MISC. CRIMINAL CASE No. 23009 of 2022

                                            Between:-
                                            DIPANSHU S/O RAJKISHOR YADAV , AGED
                                            ABOUT 23 YEARS, OCCUPATION: STUDENT
                                            VILLAGE GURJARKHEDA, TEHSIL MHOW
                                            (MADHYA PRADESH)

                                                                                                     .....PETITIONER
                                            (BY SHRI A.R.S. SOLANKI)

                                            AND

                                            THE STATE OF MADHYA PRADESH STATION
                                            HOUSE OFFICER THROUGH POLICE STATION
                                            DWARKAPURI (MADHYA PRADESH)

                                                                                                  .....RESPONDENTS
                                            (BY SHRI MUKESH KUMAWAT, GOVT. ADVOCATE)

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

With the consent, heard finally.

Perused the case diary.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 31.03.2022 in connection with Crime No.88/2022, registered at Police Station Dwarkapuri, District Indore (M.P.) for commission of offence punishable under Sections 327, 323, 294, 506, 34, 329 of IPC.

Signature Not Verified SAN

Prosecution story, in brief, is that on 10.02.2022 at around 9 P.M. Digitally signed by VIBHA PACHORI Date: 2022.05.10 11:19:16 IST applicant alongwith co-accused persons demanded money for consuming 2 liquor from the complainant Deepak Yadav and when he refused, they assaulted him with stone on head, vital part of his body and caused grievous injury. They abused and also threatened to kill him.

Learned counsel for the applicant submits that the applicant alongwith co-accused persons came to attend marriage, due to which false and fabricated case has been registered against the applicant. Offence under Section 329 of IPC is not made out against the applicant. The incident happened all of a sudden and it is nowhere stated that injury is found on the body of the complainant or caused by the applicant. Investigation is complete and charge sheet has been filed. Applicant is in custody since 31.03.2022 and trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State opposes the application and prays for its rejection.

Having considered the rival submissions, allegations levelled against the applicant, injuries found on the body of the complainant and also considering other evidence produced on record against the applicant, without commenting anything on merits of the matter, this Court is of the considered view that it is a fit case for grant of bail to the applicant. Hence, this application is allowed.

It is directed that applicant shall be released on bail on his furnishing a 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 concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed Signature Not Verified that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C. SAN Digitally signed by VIBHA PACHORI I n view of the outbreak of 'Corona Virus disease (COVID-19), the Date: 2022.05.10 11:19:16 IST concerned Jail Authority is directed to follow the directions/guidelines issued by 3 the Government with regard to COVID-19 before releasing the applicant.

This application is allowed and stands disposed of. Certified copy, as per Rules.

(SATYENDRA KUMAR SINGH) JUDGE Vibha Signature Not Verified SAN Digitally signed by VIBHA PACHORI Date: 2022.05.10 11:19:16 IST

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