Madhya Pradesh High Court
Abhay Jat vs The State Of Madhya Pradesh on 14 July, 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 14 th OF JULY, 2023
MISC. CRIMINAL CASE No. 30432 of 2023
BETWEEN:-
ABHAY JAT S/O SHRI INDAR SINGH JAT, AGED ABOUT
20 YEARS, R/O FENDAS COLONY, CANTT DISTRICT
GUNA (MADHYA PRADESH)
.....APPLICANT
(BY SHRI AMIN KHAN- ADVOCATE)
AND
THE STATE OF MADHYA PRADESH ITHROUGH POLICE
STATION CANTT., DISTRICT GUNA (MADHYA
PRADESH)
.....RESPONDENT
(BY MRS. KALPNA PARMAR- PANEL LAWYER)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first bail application filed by the applicant under Section 439 o f the Cr.P.C. for grant of bail relating to crime No. 539/2023 registered at Police Station Cantt, District Guna (M.P.) for the offence punishable under sections 307, 294 & 34 of IPC.
As per prosecution story, the allegation against the present applicant is that he tried to commit murder of complainant- Manjeet. Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. It is further argued that the entire prosecution is Signature Not Verified improbable because even after the gunshot, no injury is found on the body of Signed by: VIPIN KUMAR AGRAHARI Signing time: 14-07-2023 05:17:39 PM 2 complainant or any other person. Further argument is that present FIR is the counterblast of FIR registered by the applicant/accused against the complainant party bearing crime no.490/2023 at Police Station Cantt, Guna. The applicant is in custody since 28.06.2023. After conclusion of investigation, charge sheet has since been filed and, therefore, further custodial interrogation of the applicant may not be required. The applicant is permanent resident of District Guna (M.P.). Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he prays for grant of bail to the applicant.
P er contra, learned counsel for the State vehemently opposed the bail application and prays for its dismissal.
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 the sum of Rs.1,00,000/- (Rupees One Lac only) with two solvent 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;
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 him/her from Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 14-07-2023 05:17:39 PM 3 disclosing such facts to the Court or to the Police Officer, as the case may be;
4) The applicant will not commit any other offence or will not repeat the offence in future. In case, if he is found involving in the offence of same nature, 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 vpn Signature Not Verified Signed by: VIPIN KUMAR AGRAHARI Signing time: 14-07-2023 05:17:39 PM