Madhya Pradesh High Court
Abhishek Suryawanshi vs The State Of Madhya Pradesh on 23 February, 2024
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 23 rd OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4935 of 2024
BETWEEN:-
ABHISHEK SURYAWANSHI S/O YASHWANT
SURYAWANSHI, AGED ABOUT 23 YEARS, OCCUPATION:
AGRICULTURIST R/O WARD NO 3 NEAR BELGAON
PUMP HOUSE POLICE STATION PARASIYA DISTRICT
CHHINDWARA (MADHYA PRADESH)
.....APPLICANT
(BY SHRI AISHWARYA SAHU - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
S T A T I O N PARASIYA DISTRICT CHHINDWARA
(MADHYA PRADESH)
.....RESPONDENTS
(BY MS. SHIKHA BAGHEL - PANEL LAWYER )
This application coming on for admission this day, the court passed the
following:
ORDER
This is first application under Section 439 of the Cr.P.C. has been filed
on behalf of the applicant for grant of bail in connection with FIR/Crime
No.400/2023 dated 24.10.2023 registered at Police Station Parasiya, District
Chhindwara (M.P.) for the offence punishable under Sections 294, 323, 324,
326 and 506/34 of IPC.
2. It is contended by the counsel that there is complete failure on the part
of the prosecution to implicate the present applicant. It is contended by the
counsel that the applicant is in custody since 19.12.2023. It is contended by the
counsel that the allegations against the applicant are identical to the co-accused
Yashwant Suryawanshi who has been enlarged on bail by this Court vide order
dated 29.01.2024 passed in M.Cr.C.No.2092/2024. It is contended by the
counsel that the testimony of injured Hemant reflects that the identical
allegations have been levelled against the present applicant as well as co-
accused Yashwant Suryawanshi. It is contended by the counsel that previously
a criminal case under Section 323 of IPC was registered against the applicant in
which, he has been acquitted and the judgment in that regards has also been
brought on record as Annexure A/2. There is no probability of his absconding
or tampering with the evidence of the prosecution. Thus, counsel submits that
the applicant deserves to be enlarged on bail.
3. Per contra, learned counsel for the respondent/State has opposed the
prayer and submitted that a fracture has been found on medical examination of
injured Hemant, therefore, an offence under Section 326 of IPC has been
registered against the applicant. Thus, taking into consideration the nature of the
injury and also the act of the present applicant, the application deserves to be
dismissed.
4. Heard the submissions and perused the case diary.
5. It is evident from perusal of case diary that the allegations against the
applicant are that with the aid of lathi, the present applicant and other co-
accused Yashwant inflicted injury to the injured. A perusal of the statement of
injured Hemant reflects that the identical allegations have been levelled against
the present applicant and co-accused Yashwant and the co-accused Yashwant
has been enlarged on bail by this Court vide order dated 29.01.2024 passed in
M.Cr.C.No.2092/2024. The applicant is in custody since 19.12.2023.
6. Considering the overall facts and circumstances of the case, the period
of incarceration of the applicant and the act of the present applicant as well as
co-accused Yashwant who has been enlarged on bail by this Court vide order
dated 29.01.2024 passed in M.Cr.C.No.2092/2024 is to be similar, this Court is
of the considered view that it is a fit case to release the applicant on bail.
Therefore, without expressing any view on the merits of the case, the
application is allowed.
7. It is directed that the applicant-Abhishek Suryawanshi shall be
released on bail on his furnishing a personal bond in a sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with one solvent surety in the like amount to
the satisfaction of the trial Court concerned for his appearance before the said
Court on all such dates as may be fixed in this regard during the pendency of
trial.
8. It is further directed that the applicant shall comply with the provisions
of Section 437(3) of the Cr.P.C.
9. Accordingly, this M.Cr.C. stands disposed of.
(MANINDER S. BHATTI)
JUDGE
sp
