Pappu vs The State Of Madhya Pradesh
2021 Latest Caselaw 8487 MP

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           THE HIGH COURT OF MADHYA PRADESH
                   M.Cr.C. No.57738/2021
                   Pappu Vs. State of M.P.

Gwalior, Dated:08-12-2021

        Shri Aditya Sharma, Counsel for the applicant.

        Shri C.P. Singh, Panel Lawyer for the State.

        Case diary is available.

        This first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

        The applicant has been arrested on 11/10/2021 in connection

with Crime No.561/2021 registered at Police Station Ambah, Distt.

Morena for offence under Sections 307, 323, 294, 506, 147, 148 and

149 of IPC.

        It is submitted by the counsel for the applicant that according

to the prosecution case, the applicant was armed with a spade and he

used the same, but none of the injured had suffered any incised

wound and in absence of specific allegation that the applicant had

used the blunt side of the spade, it cannot be said that the applicant

might have used the blunt side of the spade. He is in jail from

11/10/2021

. 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. However, after going through the statements of

the witnesses as well as the medical report, it is submitted that no

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.57738/2021 Pappu Vs. State of M.P.

incised wound was received by any of the injured.

Considering the facts and circumstances of the case, 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) Judge Arun* ARUN KUMAR MISHRA 2021.12.09 14:02:49 +05'30'