Sagar Sikarwar vs The State Of Madhya Pradesh
2021 Latest Caselaw 8990 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.62444/2021 Sagar Sikarwar Vs. The State of M.P.

Gwalior, Dated:20-12-2021

Shri Suresh Pal Singh Gurjar, Counsel for the applicant.

Shri C.P. Singh, Counsel for the 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 26/11/2021 passed in M.Cr.C. No.57783/2021.

The applicant has been arrested on 9/8/2021 in connection with

Crime No.934/2021 registered at Police Station Kotwali, District

Morena for offence under Sections 294, 336, 341, 308 read with

Section 34 of IPC.

It is submitted by the counsel for the applicant that according

to the prosecution case, the accused persons were pelting stones and

it is alleged that the applicant fired a gunshot in air. Nothing has been

seized from the possession of the applicant. He is in jail for the last

four months. 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, it is fairly conceded that except the

allegation of firing a gunshot in air, there is no other serious

allegation against the applicant.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.62444/2021 Sagar Sikarwar Vs. The State of M.P.

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 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 2021.12.21 17:29:14 +05'30'