Madhya Pradesh High Court

MCRC/3969/2024 of AVINASH DHAWAN Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT INDOREBEFORE

HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLAON THE 2[nd] OF FEBRUARY, 2024

MISC. CRIMINAL CASE No. 3969 of 2024

BETWEEN:-

AVINASH DHAWAN S/O MAHENDRA DHAWAN, AGEDABOUT 19 YEARS, OCCUPATION: STUDENT 131,JAWAHAR NAGAR, RATLAM (MADHYA PRADESH)

(BY SHRI AVIRAL VIKAS KHARE, ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH OFFICER IN CHARGE, POLICESTATION AUDHUYOGIK NAGAR (MADHYA PRADESH)

(BY SHRI SANTOSH SINGH THAKUR - G.A.)

.....RESPONDENTS

This application coming on for orders this day, the court passed thefollowing:

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ORDER

This is third application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.175/2023 registered at PoliceStation - Audhyogik Nagar, Ratlam (M.P.) under Sections 307, 294, 323, 324r/w 34 of IPC and section 25 of the Arms Act. The previous application wasdismissed as withdrawn with liberty to renew the prayer after recording of thestatement of injured Virendra.

2. Counsel for the applicant submits that both the injured persons Rohitand Virendra have been examined in the court as PW-1 and PW-3. They havenot supported the prosecution case. The applicant is in jail since 1.4.2023.

Conclusion of trial is likely to take sufficient long time. In these circumstances,the applicant be released on bail.

3. Counsel for the State opposes the prayer for grant of bail on theground that there are criminal antecedents of the applicant.

4. After hearing learned counsel for parties and taking into considerationthat injured witnesses have turned hostile and have not supported theprosecution case, the conclusion of trial may take time, I am of the view that theapplicant is entitled for grant of bail, however on certain conditions. Therefore,without expressing any view on the merits of the case, the application isallowed.

5. It is directed that Applicant- Avinsh Dhawan shall be released fromcustody upon furnishing a personal bond of Rs.50,000/- (Rupees FiftyThousand Only) with one surety of the like amount to the satisfaction of thecourt below on the following conditions :-

(i) that applicant shall not indulge in any offence during the pendency ofthe bail and if he indulges in any offence during the bail, the prosecution mayfile an application for cancellation of bail.

(ii) the applicant shall mark his presence before the concerned policestation on every 15th day of the month during the pendency of trial.

6. A typed copy of this order is being forwarded to the Office of theAdvocate General, on their email address, for intimation to the Police Stationconcerned. The office is requested to forward a copy of this order to the courtbelow.

C.c. as per rules.

(VIJAY KUMAR SHUKLA)JUDGE

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