Aiya Maharaj @ Ashok Arjariya vs The State Of Madhya Pradesh
2023 Latest Caselaw 2946 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                            BEFORE
              HON'BLE SHRI JUSTICE ANAND PATHAK
                   ON THE 17 th OF FEBRUARY, 2023
               MISC. CRIMINAL CASE No. 2716 of 2023

BETWEEN:-
AIYA MAHARAJ @ ASHOK ARJARIYA, S/O SHRI BANDU
ARJARIYA, AGED ABOUT 23 YEARS, OCCUPATION:
AGRICULTURIST, R/O VILLAGE GATHORA, POLICE
STATION CIVIL LINE, DISTRICT CHHATARPUR
(MADHYA PRADESH)

                                                                .....APPLICANT
(BY SHRI RAJKAMAL CHATURVEDI - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION CIVIL LINE, DISTRICT CHHATARPUR
(MADHYA PRADESH)

                                                              .....RESPONDENT
(BY SHRI NARENDRA CHAURASIYA - GOVERNMENT ADVOCATE)

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

The applicant has filed this FIRST bail application under section 439 of Cr.P.C. for grant of bail. Applicant has been arrested on 21.11.2022 by Police Station Civil Line, District Chhatarpur, in connection with Crime No.647/2022 for an offence punishable under section 306 of IPC.

It is the submission of learned counsel for applicant that the applicant is suffering confinement since 21.11.2022 and the charge-sheet has already been filed. Therefore, chance of tampering with evidence/ witnesses is remote. It is further submitted that role of applicant is confined to exhortation to the

complainant and to use hands to give two-three blows to applicant and when complainant threatened to commit suicide then the applicant did not mince words and said "if you want then you can go and commit suicide". In support of his submissions, he has referred the judgments of Apex Court in the cases of Sanju alias Sanjay Sengar v. The State of Madhya Pradesh reported in AIR 2002 SC 1998 and Gangulal Mohan Reddy v. The State of Andhra Pradesh (2010) 1 SCC 750. Confinement amounts to pre-trial detention especially when applicant does not bear any criminal record. Allegations of abetment under section 107 IPC are prima facie absent. Applicant undertakes to cooperate in trial and would not be a source of embarrassment/harassment to

the complainant side in any manner.

Learned Government Advocate for the State opposed the prayer and prayed for its dismissal.

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

Considering the above submissions advanced by the learned counsel for the parties and the role of applicant, but without commenting on the merits of the case, the application is allowed. It is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of 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;

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 an offence similar to the offence of which he is accused;

5. The applicant will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7. The applicant shall not be a source of embarrassment and harassment to the complainant side in any manner and shall not move in their vicinity till the conclusion of trial.

Application stands allowed and disposed of. A copy of this order be sent to the trial Court concerned for compliance and information.

Certified copy as per rules.

(ANAND PATHAK) JUDGE ps

Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.02.20 10:44:31 +05'30'