Hemant Parihar vs The State Of Madhya Pradesh
2021 Latest Caselaw 1375 MP

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          THE HIGH COURT OF MADHYA PRADESH
                    MCRC-16880-2021
               Hemant Parihar Vs. State of MP

Gwalior, Dated : 07.04.2021

      Shri Divyansh Singh, Counsel for the applicant through video

conferencing.

      Shri Ravi Ballabh Tripathi, Counsel for the State.

      Case diary is available.

      This second repeat application under Section 439 of Cr.P.C. has

been filed for grant of bail. First application of the applicant was

rejected by order dated 23.11.2020 passed in M.Cr.C. No.45987/2020.

      The applicant has been arrested on 29.03.2020 in connection

with Crime No.48/2020 registered by Police Station Bhitarvar,

District Gwalior for offence punishable under Sections 147, 148, 149,

294, 302 of IPC and Sections 25, 27 of the Arms Act.

      It is submitted by the counsel for the applicant that all the

eyewitnesses have been examined and they have turned hostile and at

present there is no substantive evidence against the applicant and the

trial is likely to take sufficiently long time and there is no possibility

of his absconding or tampering with prosecution case. It is further

submitted that this Court has granted bail to the co-accused Suresh

alias Battan Parihar by order dated 19.03.2021 passed in M.Cr.C.

No.15132/2021.

      Per contra, the application is opposed by the counsel for the

respondent/State. It is submitted by the counsel for the State that

although the allegation against the applicant and the other co-accused

THE HIGH COURT OF MADHYA PRADESH MCRC-16880-2021 Hemant Parihar Vs. State of MP

persons was that they were involved in Harsh fire and when it was

objected by the deceased-Manish, then he was shot by the co-accused,

but fairly conceded that all the eyewitnesses have turned hostile. It is

further submitted that the applicant has a criminal history and four

more criminal cases have been registered against him.

Heard the learned counsel for the parties.

Considering the submission made by the counsel for the State

as well as considering the facts and circumstances of the case 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/- (Rs. One Lac

Only) 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 the 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 & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2021.04.07 16:39:34 +05'30'