Madhya Pradesh High Court
Lakki @ Vishwajeet Bhadauria vs The State Of Madhya Pradesh on 10 May, 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 10 th OF MAY, 2023
MISC. CRIMINAL CASE No. 18768 of 2023
BETWEEN:-
LAKKI @ VISHWAJEET BHADAURIA S/O SHRI LALJI
BHADAURIA, AGED ABOUT 24 YEARS, OCCUPATION:
AGRICULTURE, VILLAGE BIJORA, P.S. SURPURA,
DISTRICT BHIND (MADHYA PRADESH)
.....APPLICANT
(BY SHRI RAM KISHOR SHARMA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH POLICE STATION SURPURA,
DISTRICT BHIND (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI R.K.AWSTHI - PUBLIC PROSECUTOR)
This application coming on for admission this day, the court passed the
following:
ORDER
The applicant has filed first interim bail application u/S 439, Cr.P.C. on the ground of marriage of his younger sister.
T h e applicant has been arrested on 01.11.2022 by Police Station - Surpura, District - Bhind (M.P.) in connection with Crime No. 44/2022 registered for the offence punishable under Sections 307, 294, 147, 148 of IPC and Section 25/27 of Arms Act.
Learned counsel for the applicant submitted that the applicant is a young person and having the responsibilities of his family and marriage of his younger Signature Not Verified Signed by: MONIKA SHARMA Signing time: 11-05-2023 10:26:34 AM 2 sister is scheduled to be held on 15.05.2023 and availability of applicant is necessary in the marriage ceremony to attend the rites and ritual which will be performed by the applicant. On these grounds, the applicant prays for grant of interim bail for a period of 15 days.
Per contra, learned counsel for the State vehemently opposed the interim application and prayed for its rejection.
Heard learned counsel for the rival parties and perused the case diary available on record.
The verification report from the office of SHO, Police Station Surpura, District Bhind has been received and as per report, marriage of the younger sister of applicant will be solemnized on 15.05.2023.
In view of submissions made by the learned counsel for the applicant so also the verification report, without entering into merits of the case, interim bail application is allowed and it is hereby directed that the applicant shall be released on interim bail for a period from 13.05.2023 to 17.05.2023 on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Court concerned. The applicant shall positively surrender before the trial Court on or before 18.05.2023, failing which, the interim bail order shall stand cancelled automatically without further reference to this 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 Signature Not Verified Signed by: MONIKA SHARMA Signing time: 11-05-2023 10:26:34 AM 3 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 will not commit any other 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.
This interim bail application stands disposed of. Documents relating to surrender of the applicant together with an affidavit stating that the applicant has appeared in the marriage ceremony of his younger sister for which interim bail is being granted, shall be filed by the applicant within seven days after surrender, failing which Registry shall list this case under the head "direction matters" before this Court.
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 Monika Signature Not Verified Signed by: MONIKA SHARMA Signing time: 11-05-2023 10:26:34 AM