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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
th
ON THE 5 OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4130 of 2024
BETWEEN:-
MUKESH KIRAR S/O SHRI PREMSINGH KIRAR, AGED
43 YEARS, OCCUPATION: FARMER, R/O VILLAGE
JIGSOULI, P.S. PURANI CHHAWANI DISTRICT GWALIOR
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI HEMANT SINGH RANA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION PURANI CHHAWANI DISTRICT GWALIOR
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI RAMADHAR CHOUBEY - PUBLIC PROSECUTOR FOR
RESPONDENT/STATE)
(BY SHRI BIPUL BILGAIYAN - ADVOCATE FOR COMPLAINANT)
This application coming on for hearing this day, th e court passed the
following:
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 allowed
for 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 of
the Cr.P.C. for grant of bail relating to Crime No. 257 of 2023 registered at
Signature Not Verified
Signed by: ANAND KUMAR
Signing time: 05-Feb-24
6:36:30 PM
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Police Station Purani Chhawani, District Gwalior (M.P.) for the offence under
Sections 294, 323, 506, 34, 326 of IPC.
Learned counsel for the applicant argued that applicant is an innocent
person and has been falsely implicated. The present FIR is counterblast of
F.I.R. registered bearing Crime No.259 of 2023. This is a case of free fight and
complainant party was a aggressor. The applicant/accused also sustained
grievous injuries on account of assault by the complainant party. The applicant
is in custody since 17.01.2024. The applicant is permanent resident of District
Gwalior. Conclusion of trial is likely to take time and there is no likelihood of
his absconsion, if released on bail. On these grounds, he prays for grant of bail
to the applicant.
Per contra, learned Public Prosecutor for the respondent/State as well as
the counsel for the complainant vehemently opposed the bail application and
prayed for its dismissal.
Heard learned counsel for the rival parties and perused the case diary
available on record.
Considering the facts and circumstances of the case, but without
expressing any opinion on merits of the case, this application is allowed and it is
directed that the applicant be released on bail on furnishing a personal 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.
This order will remain operative subject to compliance of the following
conditions 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;
Signature Not Verified
Signed by: ANAND KUMAR
Signing time: 05-Feb-24
6:36:30 PM
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3 ) The applicant will not indulge himself in extending
inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him/her from
disclosing such facts to the Court or to the Police Officer, as
the case may be;
4) The applicant shall not commit an offence similar to the
offence of which he is accused;
5) The applicant will not seek unnecessary adjournments
during the trial; and
6 ) The applicant will not leave India without previous
permission of the trial Court/Investigating Officer, as the case
may 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 and
necessary 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.
(SUNITA YADAV)
JUDGE
AK/-
Signature Not Verified
Signed by: ANAND KUMAR
Signing time: 05-Feb-24
6:36:30 PM