Citation : 2021 Latest Caselaw 8873 MP
Judgement Date : 15 December, 2021
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.60664/2021
Sanjay Singh Vs. State of M.P.
Gwalior, Dated : 15.12.2021
Shri S.S.Kushwah, Counsel for the applicant.
Shri R.K.Awasthi, Counsel for the State.
Case diary is available.
This third repeat application under Section 439 of Cr.P.C. has
been filed for grant of bail. Second bail application of the applicant
was dismissed as withdrawn by Co-ordinate Bench of this Court by
order dated 03/09/2021 passed in MCRC No.43027/2021. As the
Hon'ble Judge has been transferred and is not available, therefore, this
case has been placed before this Court.
The applicant has been arrested on 10/08/2021 in connection
with Crime No.188/2018 registered at Police Station Murar, District
Gwalior for offence under Sections 147, 148, 149, 295, 307, 323, 324,
325, 427 and 120-B of IPC.
It is submitted by the counsel for the applicant that on
02/04/2018
, there was an uproar in the society on the issue of certain
provisions of the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act and mob had assaulted some Sadhus and had
caused damage to their vehicles. Although, the applicant was
allegedly absconding but now he is in jail for the last more than four
months. The Trial is likely to take sufficiently long time and there is
THE HIGH COURT OF MADHYA PRADESH MCRC No.60664/2021 Sanjay Singh Vs. State of M.P.
no possibility of his absconding or tampering with the prosecution
case.
Per contra, the application is vehemently opposed by the
counsel for the State.
Considering the allegations, 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) Judge Arun* ARUN KUMAR MISHRA 2021.12.16 14:47:37 +05'30'
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