2024 Supreme(Online)(MP) 15449
IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR th ON THE 17 OF JANUARY, 2024 MISC. CRIMINAL CASE No. 54030 of 2023 BETWEEN:-
LAXMAN BAGHEL S/O SHRI RATTILAL BAGHEL, AGED ABOUT 26 YEARS, ANTRI DISTRICT GWALIOR MP (MADHYA PRADESH)
.....APPLICANT (SHRI HARISH SHARMA, WITH SHRI SHEESHU YADAV, LEARNED COUNSEL FOR THE APPLICANT), AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE THANA ANTRI DISTRICT GWALIOR MP (MADHYA PRADESH)
.....RESPONDENTS (SHRI LOKENDRA SHRIVASTAVA, LEARNED PL), (SHRI VINOD KUMAR SHARMA, LEARNED COUNSEL FOR THE RESPONDENT [COMP].
This application coming on for HEARING this day, the court passed the following:
Harish Sharma,Advocate General
ORDER
This First bail application has been filed by the applicant under Section
439 of the Code of Criminal Procedure, 1973 for grant of interim bail in connection with Crime No.157/2023 registered at Police Station- Antri District Gwalior (M.P.), for offence punishable under Sections 302, 294, 34, 120B, 212 & 216 of IPC and Section 11/13 of MPDVPK on the ground of advance stage of pregnancy of wife .
Learned counsel for the applicant submits that wife of the applicant was Signature Not Verified Signed by: RAM KUMAR at the advance stage of pregnancy and she had delivered a child on 15.01.2024. No male member is available to look after wife of the applicant and their suckling child. Therefore, the applicant may be extended benefit of interim bail for two months. Learned counsel further contends that although parents of the applicant are available but they cannot take care due to their advanced age. Per contra, learned counsel or the State ably assisted by learned counsel for the complainant opposes the bail application on the ground of gravity of alleged offence and cites criminal history of four cases against the applicant. Learned counsel further submits that after release on interim bail, the applicant may abscond and threaten the witnesses.
Heard. Perused the record.
The applicant has submitted family card which shows that father of the applicant is aged around 57 years and mother of the applicant is aged 52 years. There is nothing to suggest that they cannot take proper care of the wife and child of the applicant. Therefore, no case is made out for grant of interim bail.
This application sans merits and is hereby dismissed.
(SANJEEV S KALGAONKAR)
JUDGE Rks Signature Not Verified Signed by: RAM KUMAR