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THE HIGH COURT OF MADHYA PRADESH
MCRC No.12632/2022
(RAMESH SINGH BAGHEL VS. STATE OF M.P.)
Gwalior, Dated : 14/03/2022
Shri Pradeep Katare, learned counsel for the applicant.
Shri Shashank Tiwari, learned counsel for the State.
Case diary is available.
This third repeat application under Section 439 of Cr.P.C. has
been filed for grant of bail. Second bail application of the applicant
was dismissed as withdrawn by order dated 06/01/2022 passed in
MCRC No.64057/2021 with liberty to revive the prayer after
undergoing the reasonable period of detention.
The applicant has been arrested on 23/09/2021 in connection
with Crime No.07/2021 registered at Police Station Barasau, District
Bhind for offence under Sections 147, 148, 149, 307 and 294 of IPC.
It is submitted by the counsel for the applicant that according
to the prosecution case, the applicant and co-accused Santosh and
Gaya Prasad had fired gunshots. The applicant is in jail from
23/09/2021
i.e., more than five and half months. The applicant has no criminal history. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that as per the case diary the applicant has no other criminal case to his credit. 2
THE HIGH COURT OF MADHYA PRADESH MCRC No.12632/2022 (RAMESH SINGH BAGHEL VS. STATE OF M.P.) Considering the facts and circumstances of the case as well as period of detention and without commenting 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.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rules.
(G.S. Ahluwalia)
Pj'S/- Judge
Digitally signed by
PRINCEE BARAIYA
Date: 2022.03.14
16:55:58 -07'00'