MUKESH KIRAR v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-02-05. MUKESH KIRAR 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 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, the 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 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 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
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.