Vishal Singh Bhadoriya vs The State Of Madhya Pradesh on 8 February, 2023

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Madhya Pradesh High Court

Vishal Singh Bhadoriya vs The State Of Madhya Pradesh on 8 February, 2023

Bench: Sunita Yadav

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                       BEFORE
                                          HON'BLE SMT. JUSTICE SUNITA YADAV
                                                ON THE 8 th OF FEBRUARY, 2023
                                           MISC. CRIMINAL CASE No. 5907 of 2023

                          BETWEEN:-
                          VISHAL SINGH BHADORIYA S/O JITENDRA SINGH
                          BHADORIYA, AGED ABOUT 28 YEARS, OCCUPATION
                          STUDENT R/O PAWANSUT COLONY MURAR, GWALIOR
                          (MADHYA PRADESH)

                                                                                             .....APPLICANT
                          (MR. R.K. SHARMA SENIOR ADVOCATE WITH
                          MR. RAJKUMAR JOSHI, ADVOCATE)

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

                                                                                         .....RESPONDENTS
                          (MR. P.P.S. VAJEETHA - LEARNED PUBLIC PROSECUTOR FOR
                          RESPONDENT/STATE)
                          (MR. DEEPENDRA SINGH KUSHWAH - LEARNED COUNSEL FOR THE
                          COMPLAINANT)

                                  This application coming on for hearing 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 14.01.2023 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, 34 of IPC.

Allegation against the present applicant-accused is that he along with co-

Signature Not Verified Signed by: CHETNA BEHRANI Signing time: 09-Feb-23 10:30:05 AM 2

accused persons tried to commit murder of complainant.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. The F.I.R. has been lodged against unknown person and entire prosecution story is suspicious as assailants were persons in the car with their face covered, therefore, it was not possible to identify them. The further argument is that the present F.I.R. is the counterblast of rivalry between the student's union, namely, NSUI and ABVP. The applicant has been arrayed as an accused only on his own memorandum. The applicant has is under custody since 14.01.2023. The applicant is 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 as well as counsel for the complainant 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 the sum of Rs. 50,000/- (Rupees Fifty Thousand 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/her;

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

Signature Not Verified Signed by: CHETNA BEHRANI Signing time: 09-Feb-23 10:30:05 AM 3

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 Chetna Signature Not Verified Signed by: CHETNA BEHRANI Signing time: 09-Feb-23 10:30:05 AM

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