Madhya Pradesh High Court
Santosh Singh Tomar vs The State Of Madhya Pradesh on 7 December, 2021
Author: Rajeev Kumar Shrivastava
MCRC-58773-2021
The High Court Of Madhya Pradesh
MCRC No. 58773 of 2021
(SANTOSH SINGH TOMAR Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated ; 07-12-2021
Shri Sankalp Sharma, learned counsel for the applicant.
Shri Sangam Jain, learned Public Prosecutor for the respondent-State.
Shri Yash Saxena, learned counsel for the complainant.
The applicant has filed this fourth application under Section 439 of CrPC
for grant of bail. The applicant has been arrested on 21/06/2021 in connection
with Crime No.77/2020 registered at Police Station Mahuwa, District Morena
for offence under Sections 308, 323, 294, 506, 34 of IPC and added Sections 307
of IPC, Sections 25 & 27 of Arms Act.
It is submitted by learned counsel for applicant- Santosh Singh Tomar
that the applicant has falsely been implicated in this case. He has not committed
any offence. This is the fourth application under Section 439 of Cr.P.C. for grant
of bail to the applicant. Earlier two applications were withdrawn at the very
outset, thereafter third application filed was rejected by this Court by observing
that the applicant was absconded for one year. This fact is not correct as the
applicant earlier granted the benefit in the light of judgment passed by the
Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar [(2014) 8
SCC 273] and applicant himself surrendered before the trial Court. Thereafter,
he is in custody since 21/06/2021, 1.c. for more than five months. The case is of
no injury and he has not misused the liberty so granted to him. Now charge-sheet
has been filed and trial will take its own time. Applicant is ready to abide by
any condition which may be imposed by this Court. Hence, prays for grant of
bail to the applicant.
Per contra, learned State counsel as well as learned counsel for the
complainant have vehemently opposed the submissions and have submitted that
once the order has been passed for rejection of bail, the same cannot be reviewed
by this Court. It is further submitted that there is no new ground under which
this repeat fourth bail application could be considered. Hence, considering the
nature and gravity of offence wherein fire arm was used, learned State counsel
as well as learned counsel for the complainant prayed to reject this fourth bail
MCRC-58773-2021
application.
Heard learned counsel for the rival parties and perused the materials
available on record.
It is apparent from perusal of documents on record that earlier by this
Court, the applicant has been granted the benefit in the light of judgment passed
by the Hon'ble Apex Court in the case of Arnesh Kumar (supra) vide order dated
31/07/2020 passed in M.Cr.C. No.2479 1/2020, therefore mentioning of applicant
being absconded for around one year in order dated 29/10/2021 passed in
M.Cr.C. No.49092/2021 is incorrect as per record. Furthermore, the case is of no
injury and trial will take its own time.
Considering the aforesaid facts and circumstances of the case, without
commenting upon the merits of the case, the application is allowed and it is
hereby directed that the applicant be released on bail on his furnishing a personal
bond in the sum of Rs.75,000/- (Rs. Seventy Five Thousand Only) with one
surety in the like amount to the satisfaction of the Trial Court/Committal Court
for his regular appearance before the Court on the dates given by the concerned
Court.
This order will remain operative subject to compliance of the following
conditions by the applicant :-
1. The applicant will comply with all the terms
and conditions of the bond executed by him;
2. The applicant will cooperate in the
investigation/trial, as the case may be;
3. The applicant will not indulge himself in
extending inducement, threat or promise to any
person acquainted with the facts of the case so
as to dissuade them from disclosing such facts
to the Court or to the Police Officer, as the case
may be;
4. The applicant shall not commit any offence
otherwise this bail order shall automatically
stand cancelled;
5. The applicant will not move in the vicinity of
complainant party and applicant will not seek
unnecessary adjournments during the trial;
MCRC-58773-2021
6. The applicant will not leave India without
previous permission of the trial
Court/Investigating Officer, as the case may be.
Application stands disposed of in above terms.
Let a copy of this order be sent to the trial Court concerned for
Compliance.
Certified copy/ e-copy as per rules/direction.
(RAJEEV KUMAR SHRIVASTAVA)
JUDGE
Shubhankar
=: Digitally signed by
= SHUBHANKAR MISHRA
© Bate:2021.12.07
© 17:27:12 +05'30'
