Madhya Pradesh High Court
MCRC/52681/2023 of PRADEEP VANSHKAR Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIAON THE 29[th] OF DECEMBER, 2023(THROUGH VIDEO CONFERENCING)
MISC. CRIMINAL CASE No. 52681 of 2023
BETWEEN:-
PRADEEP VANSHKAR S/O HARNAM VANSHKAR, AGED25 YEARS, OCCUPATION: LABOUR R/O WARD NO. 15HIRIYAN KA TAPRA ASHOKNAGAR POLICE THANAKOTWALI DISTRICT ASHOKNAGAR (MADHYAPRADESH)
(BY MS. NEERAJ MORE ADVOCATE)
.....APPLICANT
AND
STATE OF MADHYA PRADESH THROUGH POLICESTATION KOTWALI, DISTRICT ASHOKNAGAR(MADHYA PRADESH)
(BY SHRI RAVI BALLABH TRIPATHI - PANEL LAWYER )
.....RESPONDENT
This application coming on for hearing this day, the court passed the following:
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ORDER
2. This first application under Section 439 of Cr.P.C. has been filed forgrant of bail.
3. Applicant has been arrested on 31.08.2023 in connection with CrimeNo.639/2023 registered by Police Station Kotwali, District Ashoknagar foroffence punishable under Sections 304B, 498A, 34 of IPC and 3/4 of DowryProhibition Act.
4. It is submitted by the counsel for the applicant that applicant isbrother-in-law of the deceased. He is in jail since 31.08.2023, i.e., approximatelyfour months. Omnibus allegations have been made against the applicant. Thereis a tendency of over implicating the near and dear relatives of husband of thedeceased. T he trial is likely to take sufficiently long time and there is nopossibility of his absconding or tampering with prosecution case.
5. Per contra, the application is vehemently opposed by the counsel forthe State. It is submitted that as per the statement of the mother of thedeceased, she was informed by the deceased that the applicant along with otherco-accused persons was harassing the deceased for demand of four wheeler. Itis further submitted that applicant has a criminal history of four criminal cases.
6. Considering the relationship of applicant with deceased as well as theperiod of detention, but without commenting on the merits of the case, the bailapplication is allowed. It is directed that the applicant shall be released on bailon furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Laconly) with one surety in the like amount to the satisfaction of the committalCourt/trial Court to appear before the Court on the dates given by theconcerned Court.
7. This order shall remain effective till the end of trial but in case of bailjump, it shall become ineffective.
8. In the light of the judgment passed by the Supreme Court in the caseo f Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 inCriminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
9. Certified copy as per rules.
(G.S. AHLUWALIA)V. JUDGE