Banti Alias Suneel vs The State Of Madhya Pradesh
2021 Latest Caselaw 9065 MP

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         THE HIGH COURT OF MADHYA PRADESH
                     MCRC-62520-2021
              Banti alias Suneel Vs. State of MP

Gwalior, Dated : 21-12-2021

      Shri Anil Kumar Mishra, Counsel for the applicant

      Shri APS Tomar, Counsel for the State.

      Case Diary is available.

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

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

dated 07.05.2021 passed in M.Cr.C.No.22589/2021.

      The applicant has been arrested on 09.06.2020 in connection

with Crime No.160/2020 registered at Police Station Gohad, District

Bhind for offence under Sections 302, 307, 323, 294, 147, 148 and

149 of IPC.

      It is submitted by the counsel for the applicant that

according to the prosecution case, the applicant and other co-accused

persons came to the field of complainant and instructed the

complainant to stop ploughing his field. When it was objected by

deceased Devendra Singh by replying that he has purchased the

same, and therefore, he would continue the same, it is alleged that all

the accused persons including the applicant started abusing and also

assaulted him by lathi and kicks & fists blows. Thereafter, co-accused

Ashok Gurjar fired a gunshot causing death of Devendra Singh and

while fleeing away from the place of incident, it is alleged that co-
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         THE HIGH COURT OF MADHYA PRADESH
                     MCRC-62520-2021
              Banti alias Suneel Vs. State of MP

accused Kallu Gurjar ran over the tractor on the body of injured Ram

Dulare. The specific allegations against the applicant are that he had

given lathi blow on the head of Ramkesh. It is further submitted that

co-accused namely Kalli @ Indrapal Singh Gurjar and Nandi alias

Narendra Singh have been granted bail by this Court by orders dated

08.12.2021 and 30.09.2021 passed in M.Cr.C. No.55402/2021 and

M.Cr.C. No.48550/2021 respectively.

      Per contra, the application is vehemently opposed by the

counsel for the respondent/State. However, it is fairly conceded by

the counsel for the State neither there is any allegation of firing

gunshots nor there is any allegation of running over the tractor on the

legs and chest of Ramdulare.

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.

THE HIGH COURT OF MADHYA PRADESH MCRC-62520-2021 Banti alias Suneel Vs. State of MP

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 Abhi ABHISHEK CHATURVEDI 2021.12.22 18:27:30 +05'30'