Aayush Ahirwar vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Case diary is available.

With the consent, heard finally.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 9.3.2023 in connection with Crime No.70/2023 registered at Police Station Dehat Basoda, District Vidisha for the offence punishable under Sections 302, 294, 323, 120-B of IPC and under Section 25, 27 of the Arms Act.

Prosecution story, in brief is that on 8.3.2023 at about 14:00-14:10 hours, applicant Aayush Ahirwar and co-accused Aman and others took the complainant and his cousin Gaurav near Betwa river and thereafter co-accused Aman assaulted Gaurav with knife and caused various injuries.

Learned counsel for the applicant submits that as per prosecution case itself at the time of incident, in all eight people went near Betwa river to consume liquor. Thereafter, Shahil and Jitendra went there and quarrel took place between complainant's cousin Gaurav and co-accused Aman and thereafter both of them went to a distance of 25-30 feets away from the place where the complainant and others were sitting. Co-accused Aman assaulted the complainant's cousin. His name was not mentioned by the complainant in his FIR. No overt act has been attributed on the part of the applicant. He has falsely been implicated in the matter. He is in custody since 9.3.2023. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned counsel for the respondent/State as well as counsel for the complainant vehemently opposed the prayer and submit that co-accused Aman in his memorandum statement recorded under Section 27 of the Evidence Act has specifically stated the name of the applicant. He was involved in the crime. Offences alleged against the applicant are of serious in nature.

Heard the learned counsel for both the parties.

Having considered rival submission, material pointed out by the learned counsel for the applicant with regard to not mentioning the name of the applicant in the FIR so also the fact that it has specifically been mentioned in the FIR that co-accused Aman assaulted the complainant's cousin with with knife, without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

This application is allowed and stands disposed of.

Certified copy, as per Rules.