Madhya Pradesh High Court
MCRC/1864/2024 of GYAN SINGH YADAV Vs THE STATE OF MADHYA PRADESH on 1 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPURBEFORE
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWALON THE 1[st] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 1864 of 2024
BETWEEN:-
GYAN SINGH YADAV S/O SHRI NARAYAN YADAV, AGEDABOUT 40 YEARS, OCCUPATION: LABOUR R/O GRAMBADORA GHAT THANA DEHAT TIKAMGARH DISTRICTTIKAMGARH (MADHYA PRADESH)
(BY SHRI J.P. SINGROL - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH STATIONHOUSE OFFICER POLICE STATION DEHAT DISTRICTTIKAMGARH (MADHYA PRADESH)
(BY SHRI ADITYA GUPTA - PANEL LAWYER)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
This is the first bail application filed by the applicant under Section 439of the Code of Criminal Procedure for grant of regular bail relating to CrimeNo. 426/2023 registered at Police Station - Dehat Tikamgarh, District Tikamgarh(M.P.) for the offence punishable under Sections 323, 324, 294, 326, 506, 34 ofIPC. Applicant is in detention since 22/12/2023.
2. As per the prosecution story, it is alleged that applicant alongwithother co-accused assaulted the complainant party by means of lathis and spade(phawda). Therefore, the aforesaid offence has been registered against him.
3. Learned counsel for the applicant submitted that applicant is in jailsince 22/12/2023. He has been falsely implicated. It is submitted that he is notthe main accused. Main accused is Manish. It is submitted that complainantparty has also beaten the accused party and against the complainant party,crime no. 425/2023 under sections 323, 324, 294 and 506 of IPC is registered.Investigation is complete. Charge sheet has been filed. The trial of the case willtake considerable time. Therefore, it has been prayed that the applicant may bereleased on bail pending the trial.
4. On the other hand, learned counsel for State has opposed the grant ofbail to the applicant and submitted that against the present applicant twocriminal cases under the Excise Act have been registered.
5. Having taken into consideration all the facts and circumstances of thecase, but without commenting on merit of the case, I am inclined to release theapplicant on bail. Consequently, bail application under Section 439 of the Codeo f Criminal Procedure for grant of bail filed on behalf of applicant, standsallowed.
6. It is directed that applicant be released on bail on his furnishing apersonal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for hisregular appearance before the trial Court during trial with a condition that heshall remain present before the concerned Court on all the dates fixed by itduring trial. He shall abide by all the conditions enumerated under Section437(3) of Cr.P.C.
7. This order shall be effective till the end of the trial. However, in case ofbail jump and breach of any of the conditions of bail, it shall becomeineffective.
navin
Certified copy as per rules.
(PRAMOD KUMAR AGRAWAL)JUDGE