Sonu Dhakad vs The State Of Madhya Pradesh
2021 Latest Caselaw 1422 MP

            THE HIGH COURT OF MADHYA PRADESH
                     MCRC No.18635/2021
                 Sonu Dhakad vs. State of MP

                   Heard through Video Conferencing

Gwalior, Dated : 08/04/2021

      Shri Rahul Singh Kushwah, Counsel for the applicant.

      Shri RK Awasthi, Public Prosecutor for the respondent/State.

Case diary is available.

This is fourth application filed under Section 439 of Cr.P.C. for

grant of bail. First, second and third applications were dismissed by order

dated 13/10/2020 passed in MCRC 39406/2020, order dated 12/01/2021

passed in MCRC 50124/2020 and order dated 03/03/2021 passed in

MCRC 12144/2021.

The applicant has been arrested on 24/09/2020 in connection with

Crime No.457/2020 registered by Police Station Janakganj, District

Gwalior for offence punishable under Section 306 r/w Section 34 of IPC.

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

previous applications of the applicant have already been rejected on

merits, but the applicant is in jail for the last more than six months and

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

of his absconding or tampering with the prosecution case. The allegations

against the applicant are that he had beaten the deceased for recovery of

the loan which was given by the applicant. It is further submitted that this

Court by order dated 07/04/2021 passed in MCRC No.17108/2021 has

granted bail to co-accused Rakesh Jatav.

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

THE HIGH COURT OF MADHYA PRADESH MCRC No.18635/2021 Sonu Dhakad vs. State of MP

Heard the learned counsel for the parties.

Considering the period of detention as well as 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/-(Rupees 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

MKB MAHENDRA KUMAR BARIK 2021.04.09 14:36:40 +05'30'