Gajendra @ Kalli vs The State Of Madhya Pradesh
2021 Latest Caselaw 8626 MP

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         THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.57815/2021
              Gajendra @ Kalli vs. State of M.P.

Gwalior, Dated :10/12/2021

      Shri P.S. Bhadoriya, Counsel for the applicant.

      Shri A.K. Nirankari, Public Prosecutor for the respondent/State.

Case diary is available.

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

filed for grant of bail. The first application was dismissed by order

dated 1.10.2021 passed in M.Cr.C.No.48963/2021 with liberty to

revive the prayer after undergoing some reasonable period of

detention.

The applicant has been arrested on 24.06.2021 in connection

with Crime No.61/2021 registered at Police Station Belgadha, District

Gwalior for offence under Sections 294, 323, 307, 147, 148, 149, 506

of IPC and under Section 25, 27 of the Arms Act.

It is submitted by the counsel for the applicant that the

applicant is in jail from 24.6.2021 i.e. approximately six months. The

allegations are that the applicant fired a gunshot causing injury on the

elbow of right hand of Hukum Singh. In view of criminal

antecedents, the applicant is ready and willing to abide by any

stringent condition which may be imposed by the Court. 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.57815/2021 Gajendra @ Kalli vs. State of M.P.

counsel for the State. It is submitted that the applicant has a criminal

history and four criminal cases were registered against him. First was

registered in the year 2012, second was registered in the year 2013,

third was registered in the year 2015 and fourth was registered in the

year 2017. However, he fairly conceded that no heinous offence was

ever registered against the applicant.

Considering the 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 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 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)
 (alok)                                                              Judge




ALOK KUMAR
2021.12.10 15:13:21 +05'30'