Madhya Pradesh High Court
MCRC/4130/2024 of MUKESH KIRAR Vs THE STATE OF MADHYA PRADESH on 5 February 2024
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT.
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAVON THE 5[th] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4130 of 2024
BETWEEN:-
MUKESH KIRAR S/O SHRI PREMSINGH KIRAR, AGED43 YEARS, OCCUPATION: FARMER, R/O VILLAGEJIGSOULI, P.S. PURANI CHHAWANI DISTRICT GWALIOR(MADHYA PRADESH)
(BY SHRI HEMANT SINGH RANA - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION PURANI CHHAWANI DISTRICT GWALIOR(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI RAMADHAR CHOUBEY - PUBLIC PROSECUTOR FORRESPONDENT/STATE)(BY SHRI BIPUL BILGAIYAN - ADVOCATE FOR COMPLAINANT)
This application coming on for hearing this day, the court passed the following:
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ORDER
I.A.No.2072 of 2024, an application under Section 301 (2) of the Cr.P.C. filed on behalf of the complainant is taken up, considered and allowedfor the reasons mentioned therein.
Shri Bipul Bilgaiyan, Advocate and his associates are permitted to assist the prosecution This is the first application filed by the applicant under Section 439 ofthe Cr.P.C. for grant of bail relating to Crime No. 257 of 2023 registered at
Police Station Purani Chhawani, District Gwalior (M.P.) for the offence underSections 294, 323, 506, 34, 326 of IPC.
Learned counsel for the applicant argued that applicant is an innocentperson and has been falsely implicated. The present FIR is counterblast ofF.I.R. registered bearing Crime No.259 of 2023. This is a case of free fight andcomplainant party was a aggressor. The applicant/accused also sustainedgrievous injuries on account of assault by the complainant party. The applicantis in custody since 17.01.2024. The applicant is permanent resident of DistrictGwalior. Conclusion of trial is likely to take time and there is no likelihood ofhis absconsion, if released on bail. On these grounds, he prays for grant of bailto the applicant.
Per contra, learned Public Prosecutor for the respondent/State as well asthe counsel for the complainant vehemently opposed the bail application andprayed for its dismissal.
Heard learned counsel for the rival parties and perused the case diaryavailable on record.
Considering the facts and circumstances of the case, but withoutexpressing any opinion on merits of the case, this application is allowed and it isdirected that the applicant be released on bail on furnishing a personal bond inthe sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court.
This order will remain operative subject to compliance of the followingconditions 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 extendinginducement, threat or promise to any person acquainted withthe facts of the case so as to dissuade him/her fromdisclosing such facts to the Court or to the Police Officer, asthe case may be;
4) The applicant shall not commit an offence similar to theoffence of which he is accused;
5) The applicant will not seek unnecessary adjournmentsduring the trial; andduring the trial; and
6) The applicant will not leave India without previouspermission of the trial Court/Investigating Officer, as the casemay be.permission of the trial Court/Investigating Officer, as the casemay 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 andnecessary 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.
AK/-
(SUNITA YADAV)JUDGE