Madhya Pradesh High Court
Akash Ahirwar vs The State Of Madhya Pradesh on 11 December, 2018
1 MCRC-49682-2018
The High Court Of Madhya Pradesh
MCRC-49682-2018
(AKASH AHIRWAR Vs THE STATE OF MADHYA PRADESH) Jabalpur, Dated : 11-12-2018 Smt. Madhbala Chourasiya, learned counsel for the applicant.
Shri Narendra Chourasiya, learned Deputy Government Advocate. Heard the learned counsel for the parties. Perused the case diary.
The applicant is in custody since 24.10.2018 relating to Crime No. 411/2018 registered at Police Station Makronia, District Sagar for the offences punishable under Section 307/34 of the IPC.
As per prosecution case, victim lodged FIR on 19.10.2018 stating that when he was returning from the Ravan Dahan function at Makroniya and as he reached near Rajakhedi Square, an unknown person came to near the victim and covered his mouth by cloth and beat him. Therefore, FIR lodged against the unknown person. During the investigation, accused has been impleaded as accused.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. He is permanent residence of Sagar. There is no possibility of his absconding.
Learned Deputy Government Advocate for the State opposes the application.
Considering the submissions made by learned counsel for the parties and after perusal of arrest memo, it reveals that the accused is 19 years of age. No criminal history against him and looking to the circumstances of the case including the gravity of offence, without expressing any view on the merits of the case, I am of the view that application under Section 439 of Cr.P.C. filed by the applicant may be accepted. Consequently, it is hereby allowed.
It is directed that the applicant namely Akash be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand) Digitally signed by VINAY KUMAR BURMAN Date: 31/12/2018 03:38:33 2 MCRC-49682-2018 with a surety bond of the same amount to the satisfaction of the trial Court to appear before the committal Court and the trial Court and on the dates given by the concerned Courts.
This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(VISHNU PRATAP SINGH CHAUHAN) JUDGE vb Digitally signed by VINAY KUMAR BURMAN Date: 31/12/2018 03:38:33