Akash Ahirwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 7220 MP

Citation : 2022 Latest Caselaw 7220 MP
Judgement Date : 12 May, 2022

Madhya Pradesh High Court

Akash Ahirwar vs The State Of Madhya Pradesh on 12 May, 2022

Author: Rajeev Kumar Shrivastava

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                 BEFORE
             HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                            ON THE 12th OF MAY, 2022

         MISCELLANEOUS CRIMINAL CASE No. 23171 of 2022

          Between:-
          AKASH AHIRWAR S/O MAHESH AHIRWAR,
          AGED   ABOUT   22  YEARS, OCCUPATION:
          STUDENT R/O VILLAGE CHHIRKHEDA P.S.
          KARARIYA DISTRICT VIDISHA    (MADHYA
          PRADESH)

                                                                 .....PETITIONER
          (BY SHRI PADAM SINGH - ADVOCATE )

          AND

          THE STATE OF MADHYA PRADESH INCHARGE
          POLICE STATION PS KARARIYA DISTRICT
          VIDISHA (MADHYA PRADESH)

                                                               .....RESPONDENTS
          (BY SHRI RAVINDRA SINGH, LEARNED DEPUTY ADVOCATE
          GENERAL FOR THE RESPONDENT/STATE )

        This application coming on for hearing this day, the court passed the
following:
                                     ORDER

The applicant has filed this first application u/S.439 Cr.P.C for grant of bail.

Applicant has been arrested on 03/02/2022 by Police Station Karariya District Vidisha (M.P.) in connection with Crime No. 20/2022 registered for offence under Sections 294, 323, 506 and 302/34 of the IPC.

It is submitted by learned counsel for the applicant that the applicant has not committed any offence. He has falsely been implicated in this case. Applicant is in custody since 03/02/2022. Present applicant has not caused

injury to the deceased. The allegation against the applicant is of causing injury by rod to Arjun who is complainant of this case and has got simple injury. It is further submitted that complainant party has already been granted bail by the Trial Court vide order dated 28/03/2022. It is further submitted that complainant party has caused injury also to the applicant, therefore, considering the overtact on the part of the applicant and in the light of judgment Bachan Singh and others Vs State of Punjab, 1993 Supp (2) SCC 490 and Fateh Singh Vs Emperor AIR 1929 Allahabad 320 , learned counsel prays for grant of bail to the present applicant.

Learned State counsel has vehemently opposed the prayer and has

submitted that there is overtact on the part of present applicant to commit the offence in furtherance of common intention and has caused injury to the deceased and case registered under Section 294, 323, 506 and 302/34 of the IPC wherein one person died and three other persons were injured, as there is overtact on part of the present applicant and he is main accused. Hence, prayed to reject this application filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and perused the case diary.

Considering the arguments advanced by learned counsel for the parties along with facts & circumstances of the case and the fact that trial will take its own time, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled and whole amount of bail bonds will be forfeited;