Ashivini Dubey vs The State Of Madhya Pradesh
2025 Latest Caselaw 26 MP

Madhya Pradesh High Court

Ashivini Dubey vs The State Of Madhya Pradesh on 1 April, 2025

Author: Anil Verma

Bench: Anil Verma

           NEUTRAL CITATION NO. 2025:MPHC-GWL:7487




                                                            1                           MCRC-8064-2025
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                                  ON THE 1 st OF APRIL, 2025
                                          MISC. CRIMINAL CASE No. 8064 of 2025
                                                   ASHIVINI DUBEY
                                                        Versus
                                            THE STATE OF MADHYA PRADESH
                         Appearance:
                                 Shri Prakhar Dhengula, Advocate for the applicant.

                                 Shri A.P.S. Tomar, Public Prosecutor for respondent/State.
                                 Shri Karan Virwani, Advocate for complainant.

                                                                ORDER

Heard on I.A. No.7455/2025, which is an application for taking documents on record.

The documents may be relevant for proper adjudication of the matter, therefore, the application is allowed. The documents are taken on record.

Heard on I.A. No.5192/2025, an application under Section 301(2) of CrPC for assisting the Public Prosecutor.

For the reasons mentioned in the application, the same is allowed. Shri Nitin Agrawal and Shri Karan Virwani, Advocates are permitted to assist the Public Prosecutor.

This is third application filed by the applicant under Section 439 of CrPC for grant of regular bail.

The applicant has been arrested on 26.04.2023 in connection with

NEUTRAL CITATION NO. 2025:MPHC-GWL:7487

2 MCRC-8064-2025 Crime No.84/2023 registered at Police Station - Gwalior, District Gwalior for offence under Sections 294, 323, 307, 506, 34 of IPC.

Prosecution story in short is that on 10.02.2023 at about 03:00 PM, present applicant with an iron rod (Sariya) entered into the house of complainant. When his father Krishna Chandra tried to stop him, then he committed marpeet with him and when complainant came there to save her husband, at that time, present applicant hit him on his head by using baseball bat, stone and kicks and fists and also hit him by Sariya. Co-accused Shilpi also committed marpeet with complainant and her husband, accordingly, offence has been registered.

Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in this matter. He is in custody

since 26.04.2023, i.e., about two years. His earlier two bail applications were dismissed as withdrawn. Co-accused Prateek Dubey has been enlarged on bail vide order dated 11.12.2024 passed in M.Cr.C. No.50435/2024 in the similar circumstances. Although some offences have been registered against present applicant, but in most of the offences, he has been acquitted and the applicant has submitted copy of judgments. All the material witnesses have been examined, but final conclusion of trial will take sufficiently long time. Hence, it is prayed that the applicant may be enlarged on bail on the ground of parity.

Per contra, learned PP for respondent/State opposed the bail application and prayed for its rejection by submitting that the applicant is a habitual offender and 17 criminal cases have been registered against him,

NEUTRAL CITATION NO. 2025:MPHC-GWL:7487

3 MCRC-8064-2025 therefore, he is not entitled for bail.

Learned counsel for the complainant opposed the prayer and prayed for its rejection by submitting that victim sustained bony injury on her head which is dangerous to life, therefore, he is not entitled for bail.

Both the parties are heard and perused the Case Diary. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, and also taking note of the fact that the applicant has suffered jail incarceration of about two years and co-accused Prateek Dubey has been enlarged on bail in similar circumstances, victim persons along with material witnesses have been examined before the Trial Court, therefore, there is no apprehension to tamper with prosecution evidence by the applicant, I deem it proper to release the applicant on bail.

Accordingly, without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court, as and when required. He shall abide by the conditions enumerated u/S. 437(3) Cr.P.C./480(3) of BNSS.

Certified copy as per rules.

(ANIL VERMA) JUDGE

Abhi