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Madhya Pradesh High Court

Daryawani @ Daryani Paradhi vs The State Of Madhya Pradesh on 12 September, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

         NEUTRAL CITATION NO. 2024:MPHC-JBP:46001




                                                              1                        MCRC-38024-2024
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        BEFORE
                                          HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                               ON THE 12th OF SEPTEMBER, 2024
                                           MISC. CRIMINAL CASE No. 38024 of 2024
                                             DARYAWANI @ DARYANI PARADHI
                                                         Versus
                                             THE STATE OF MADHYA PRADESH
                          Appearance:
                             Shri Sourabh Kumar Sharma - Advocate for applicant.
                             Ms. Supriya Singh - Government Advocate for State.

                                                                  ORDER

This is the second bail application filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 on behalf of applicant for grant of regular bail relating to FIR No. 187/2023, registered at Police Station Badera, District Satna (M.P.) for the offence punishable under Sections 147, 148, 149, 302, 294, 323, 324, 506, 120-B and 325 of Indian Penal Code.

2. Learned counsel appearing for applicant submitted that in dehati nalish, applicant is not named. On same day, one eye witness was examined and he has also not stated that applicant has participated in the crime. There is also delay in trial. In these circumstances, applicant may be enlarged on bail.

3. Learned Government Advocate appearing for the respondent/State opposed the bail application. It is submitted that there are eye witnesses in the case and injured eye witnesses namely Anshu Pardhi, Manshu Pardhi and Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 9/13/2024 1:14:58 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:46001 2 MCRC-38024-2024 Kalodhar Pardhi have specifically named applicant to be present with a lathi and assaulted the deceased. In these circumstances, applicant may not be released on bail.

4. Heard the counsel for the parties.

5. Offence under Section 302 of IPC is punishable with life imprisonment and heinous in nature.

6. Considering aforesaid circumstances of the case, bail application filed by the applicant is dismissed. Applicant is at liberty to show delay in trial by filing relevant order-sheets if there is no progress in trial for period of about six months.

(VISHAL DHAGAT) JUDGE vkt Signature Not Verified Signed by: VINOD KUMAR TIWARI Signing time: 9/13/2024 1:14:58 PM