Madhya Pradesh High Court
MCRC/51228/2023 of KARAN BANJARA 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 GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKARON THE 29[th] OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 51228 of 2023
BETWEEN:-
KARAN BANJARA S/O SHRI AAPU BANJARA, AGEDABOUT 41 YEARS, OCCUPATION: LABOUR R/O VILLAGEBANJARIPURA KARAIDANDA, POST GANGORA, POLICESTATION SURVAYA DISTRICT SHIVPURI (MADHYAPRADESH)
(BY SHRI AWADESH PARASHAR - ADVOCATE )
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH STATION HOUSEOFFICER THROUGH POLICE STATION SURVAYA DISTTSHIVPURI (MADHYA PRADESH)
(BY SHRI SUSHANT TIWARI - PUBLIC PROSECUTOR)
.....RESPONDENTS
This application coming on for admission hearing this day, the court passed the following:
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ORDER
They are heard. Perused the case-diary.
This is the applicant's first bail application filed under Section 439 ofCriminal Procedure Code, 1973 as he is arrested in connection with Crime No.81/2023 registered at Police Station- Survaya, District-Shivpuri (MP) foroffence punishable under Sections 304 & 201 of the IPC. Applicant is in jailsince 31/10/2023.
The allegation against the present applicant, in short, is that he wasinvolved in the present case, wherein, the deceased Khillu Gurjar had died due to electrocution.
Counsel for the applicant has submitted that this is not a case of murderunder section 302 of IPC, but it is a case of culpable homicide under section304 of IPC. It is further submitted that there is no allegation against theapplicant in regard to his involvement in the present case. It is further submittedthat only allegation levelled against the present applicant is that he had gone tothe house of the complainant. It is also submitted that the charge sheet hasbeen filed; the applicant is in jail since 31.10.2023 and the final conclusion of thetrial is likely to take a long time. Thus, it is submitted that the bail application beallowed.
Counsel for the respondent/State, on the other hand, has opposed theprayer. It is also submitted that three criminal cases have been registeredagainst the present applicant forming criminal antecedents.
On due consideration of submissions and on perusal of the case-diaryindicates that no overtact has been assigned to the present applicant, this Courtis inclined to allow the present application. Accordingly, without commentingon the merits of the case, the present application for grant of bail is allowed.
The applicant is directed to be released on bail upon his furnishing apersonal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only)with one solvent surety of the like amount to the satisfaction of the trial Courtfor his regular appearance before the trial Court during trial with a condition thathe shall remain present before the Court concerned during trial and shall alsoabide by the conditions enumerated under Section 437 (3) Criminal ProcedureCode, 1973.
M.Cr.C. stands allowed.
C.c. as per rules.
Durgekar
(SUBODH ABHYANKAR)JUDGE