MANISH YADAV v. THE STATE OF MADHYA PRADESH
Court: High Court of Madhya Pradesh
Judgment date:
Case summary
High Court of Madhya Pradesh judgment dated 2024-01-05. MANISH YADAV 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 JANUARY, 2024 MISC. CRIMINAL CASE No. 51401 of 2023 BETWEEN:- MANISH YADAV S/O SHRI VINOD YADAV, AGED ABOUT 18 YEARS, OCCUPATION: KHETI, R/O GRAM NICHROLI TEH AND DISTRICT DATIA (MADHYA PRADESH) ..... APPLICANT (BY SHRI SUSHEEL GOSWAMI - ADVOCATE ) AND THE STATE OF MADHYA PRADESH THROUGH POLICE THANA KOTWALI DATIA (MADHYA PRADESH) ..... RESPONDENTS (SHRI DINESH SAVITA - PUBLIC PROSECUTOR FOR THE STATE AND SHRI UPENDRA SHARMA - ADVOCATE FOR THE COMPLAINANT ) This application coming on for admission this day, the court passed the following: ORDER This is first application filed by the applicant under Section 439 of the Cr. P. C. for grant of bail relating to Crime No. 593 of 2023 registered at Police Station Kotwali, District Datia (M. P. ) for the offence under Sections 294, 307, 34 of IPC, Sections 25/27 of Arms Act.
Learned counsel for the applicant argued that the applicant is innocent a n d h a s been falsely implicated. It is further argued that present FIR is counterblast of cross-case bearing crime no. 595/2023. Further argument is that the FIR was lodged on account of some misunderstanding, however, the matter has now been settled between the parties and they have entered into Signature Not Verified Signed by: VIPIN KUMAR Signing time: 06-01-2024 12:32:10 PM compromise for which compromise application has been filed. The applicant is in custody since 31. 08. 2023. After conclusion of investigation, charge-sheet has been filed, therefore, further custodial interrogation is no more required. The applicant is permanent resident of District Datia (M. P. ) and there i s no possibility of his absconding or tempering with prosecution case. On these grounds, he prays for grant of bail to the applicants.
Per contra, learned counsel for the State has opposed the bail application and prayed for its rejection. However, the counsel appearing on behalf of complainant fairly conceded that he has no objection, if the applicant may be enlarged on bail. 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. 25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court/committal 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; 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 Signature Not Verified Signed by: VIPIN KUMAR Signing time: 06-01-2024 12:32:10 PM the case may be; 4) The applicant shall not commit an offence similar to the offence of which he/she 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 vpn Signature Not Verified Signed by: VIPIN KUMAR Signing time: 06-01-2024 12:32:10 PM
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.