Priyansh Patel vs The State Of Madhya Pradesh on 18 April, 2023

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Madhya Pradesh High Court

Priyansh Patel vs The State Of Madhya Pradesh on 18 April, 2023

Bench: Sanjay Dwivedi

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                           BEFORE
             HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                      ON THE 18 th OF APRIL, 2023
               MISC. CRIMINAL CASE No. 14762 of 2023

BETWEEN:-
PRIYANSH PATEL S/O SHRI KANHAIYALAL PATEL,
AGED ABOUT 20 YEARS, OCCUPATION: FARMER R/O
SILPARI MANGAWAN DISTRICT REWA (MADHYA
PRADESH)

                                                                .....APPLICANT
(BY SHRI VIJAY KUMAR PANDEY - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION RAIPUR KARCHULIYAN DISTRICT REWA
(MADHYA PRADESH)

                                                             .....RESPONDENT
(BY SHRI ALOK AGNIHTORI - GOVERNMENT ADVOCATE )

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

This is the second application filed by the applicant under Section 439 of the Code of Criminal Procedure for grant of bail relating to FIR No.157/2022 dated (not mentioned) registered at Police Station Raipur Karchuliyan, District Rewa, for the offence under Sections 307, 341, 147, 148, 149, 34 of the Indian Penal Code and Sections 25, 27 of the Arms Act.

The applicant's first bail application was dismissed as withdrawn vide order dated 22.12.2022 passed in M.Cr.C. No.60594 of 2022 granting liberty to move a fresh one after a period of three months.

Learned counsel for the applicant submits that the applicant is in jail since 28.08.2022. He submits that as per case of prosecution, the present applicant assaulted the injured with fists and kicks whereas the other co-accused person namely Pranshu Patel caused the gunshot injury upon the injured. He further submits that though the offence under Section 307 of the IPC got registered against the present applicant, but looking to his limited role in the alleged offence, the said offence is not made out against him. He further submits that under the similar facts and circumstances, the other co-accused person has been granted bail by this Court. Therefore, he prays that looking to aforesaid scenario, the applicant's custody period and to maintain parity, the present applicant may also be enlarged on bail.

On the other hand, learned Government Advocate has opposed the prayer of bail and submitted that after registration of present offence, the applicant was absconding and only after initiating the proceeding under Section 80 of the CrPC, he got arrested by the police. He has further submitted that the applicant has criminal antecedents and proceeding of NSA has also been initiated against him and as such, the applicant cannot claim parity with other co-accused person, who has been granted bail by this Court.

Considering the arguments advanced by learned counsel for the parties and on perusal of case diary, I am of the opinion that though it is not a fit case in which the applicant can claim parity with other co-accused, but looking to his limited role in the alleged crime and his period of custody, he can be enlarged on bail. Therefore, without commenting anything on the merits of the case, this application is allowed.

It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- with one solvent surety of the like 3 amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.

It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE Devashish DEVASHISH MISHRA 2023.04.19 10:32:07 +05'30'

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