BADAL v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-09. BADAL v. THE STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR th ON THE 9 OF JANUARY, 2024 MISC. CRIMINAL CASE No. 56020 of 2023 BETWEEN:- BADAL S/O SHRI UDAYBHAN, AGED ABOUT 19 YEARS, LAXMI COLONY DABRA POLICE STATION DABRA DISTRICT GWALIOR (MADHYA PRADESH) ..... APPLICANT (SHRI HEMANT SINGH RANA, LEARNED COUNSEL FOR THE APPLICANT); AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION DABRA CITY DISTRICT GWALIOR M. P. (MADHYA PRADESH) ..... RESPONDENTS (SHRI LOKENDRA SHRIVASTAVA, LEARNED PL), This application coming on for HEARING this day, th e court passed the following: ORDER This first bail application has been filed by applicant under section 439 of the Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No. 1024/2023 registered at Police Station Dabra City, Distt. Gwalior (M. P. ) for the offence punishable under Section 327, 294, 323, 506 and 34 of IPC.
A s per the case of prosecution, Vivek Sahu along with his father Manohar Sahu reported to PS Dabra on 02. 11. 2023 that on same day around 2 in the afternoon, they were going to Mandi by tractor trolley. As they reached Signature Not Verified Signed by: RAM KUMAR Signing time: 10/01/2024 10:47:22 AM near Sehrai bridge, Hemesh Pachauri, Badal Jat and Hemu Parashar intercepted them and started abusing in filthy language. All the accused demanded Rs. 10,000/- for liquor also. As they refused to pay, Hemesh assaulted Vivek with iron rod. Vivek sustained injury on his left hand and left knee. Badal and Hemu assaulted him with lathi. He sustained injury on back, chest and leg. His father Manohar tried to intervene and rescue him. All the three accused assaulted his father. His father also sustained injury. Accused threatened to kill him. On such allegations, PS Dabra City registered FIR against accused Hemesh Pachauri, applicant Badal and Hemu.
Injured Vivek and Manohar were forwarded for medico-legal examination. The injuries caused to Manohar and Vivek were found to be simple in nature. Statements of witnesses have been recorded. Applicant Badal was arrested on 05. 12. 2023. Other accused were also arrested. On completion of investigation, final report was submitted on 05. 12. 2023. Learned counsel for the applicant, in addition to the grounds mentioned in the application, submits that the applicant has falsely been implicated in the matter over previous enmity. The applicant is aged 20 years. He is labour by profession. He is graduate and unemployed. Relevant recovery has been made and final report has been submitted. There is no likelihood of his absconsion leaving his family or tampering with the evidence as both the parties belong to the same socio-economic status. The trial would take time to complete. Therefore, the applicant may be extended the benefit of bail.
Per contra, learned counsel for the respondent/State opposes the bail application on the ground of gravity of alleged offence and cites history of seven cases against the applicant. In reply, learned counsel for the applicant submits that the applicant has Signature Not Verified Signed by: RAM KUMAR Signing time: 10/01/2024 10:47:22 AM already been acquitted in two of the cases. In one of the case relating to M. P. Excise Act, he was sentenced to fine. Rest of the matters are pending trial. He has already been released in all other matters on bail. He has never been convicted for any major offence. Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by both the parties and overall circumstances of the case, but without commenting on merits of the case, this Court is inclined to release the applicant on bail. Thus, the application is allowed.
Accordingly, it is directed that applicant BADAL shall be released on bail in connection with Crime No. 1024/2023 registered at Police Station Dabra City, Distt. Gwalior (M. P. ) for the offence punishable under Section 327, 294, 323, 506 and 34 of IPC, upon furnishing a personal bond in the sum of Rs. 1,00,000/- (Rs.
One lac Only) with one solvent surety of the same amount to the satisfaction of the Trial Court, for compliance with the following conditions, :(For the sake of convenience of understanding by accused and surety, the conditions of bail are also reproduced in Hindi as under):- (1) Applicant shall remain present on every date of hearing as may he directed by the concerned court; (1) vkosnd lacaf/kr U;k;ky; ds funZs'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxkA (2) Applicant shall not commit or get involved in any offence of similar nature; (2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxkA (3) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to Signature Not Verified Signed by: RAM KUMAR Signing time: 10/01/2024 10:47:22 AM dissuade them/him/her from disclosing such facts to the Court or to the police officer; (3) vkosnd izdzj.
k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA (4) Applicant shall not directly or indirectly attempt to temper with the evidence or allure, pressurize or threaten the witness; (4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA (5) During trial, the applicants shall ensure due compliance of provisions of Section 309 of Cr. P. C. regarding examination of witnesses in attendance; (5) fopkj. k ds nkSjku] mifLFkr xokgksa ls ijh{k. k ds laca/k esa vkosnd /kkjk 309 na-iz-la- ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxkA This order shall be effective till the end of trial. However, in case of breach of any of the precondition of bail, the trial Court may consider on merits cancellation of bail without any impediment of this order.
The trial Court shall get these conditions reproduced on the personal bond by the accused and on surety bond by the surety concerned, if any of them is unable to write, the scribe shall certify that he had explained the conditions to the concerned accused or the surety. C. C. as per rules. (SANJEEV S KALGAONKAR) JUDGE Rks Signature Not Verified Signed by: RAM KUMAR Signing time: 10/01/2024 10:47:22 AM
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.