Gabbar Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 9142 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.62926/2021 (GABBAR SINGH VS. STATE OF M.P.)

Gwalior, Dated : 22/12/2021

Shri Sushil Goswami, learned counsel for the applicant.

Shri A.P.S.Tomar, learned counsel 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 08/11/2021 in connection

with Crime No.295/2021 registered at Police Station Khaniyadhana,

District Shivpuri for offence under Sections 307, 294, 147 and 148 of

IPC.

It is submitted by the counsel for the applicant that according

to the prosecution case, the complainant who is an employee of a

Contractor was on patrolling in the dam. It was found that some

thieves were illegally fishing in the dam and when they were asked

not to do so, then the applicant as well as other co-accused persons

jumped on to the steamer of the complainant and after assaulting

them, threw them in the dam. It is submitted that except Vinod, no

other person had suffered any external injury. The applicant is in jail

for the last about 45 days. In view of the criminal antecedents of the

applicant, he is ready and willing to abide by any stringent condition,

which may be imposed by this Court and the applicant also

undertakes to stay away from the dam and would not involve himself

THE HIGH COURT OF MADHYA PRADESH MCRC No.62926/2021 (GABBAR SINGH VS. STATE OF M.P.)

in the theft of fishes. Co-accused Brajesh has already been granted

bail by this Court by order dated 23/09/2021 passed in MCRC

No.47123/2021. 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. It is submitted that the applicant is specifically

named in the FIR. The allegations are that they were illegally fishing

in the dam and when it was objected by the employees of the

Contractor, not only they were beaten and they were also thrown in

the dam with a solitary intention to kill them.

Considering the nature of allegations as well as 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) 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.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Khaniyadhana, District Shivpuri on 1st of

every month during the pendency of the Trial. In case of bail jump

or non-appearance of the applicant before the police station as

THE HIGH COURT OF MADHYA PRADESH MCRC No.62926/2021 (GABBAR SINGH VS. STATE OF M.P.)

directed by this Court, this order shall lose its effect.

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)
Pj'S/-                                                                     Judge
  Digitally signed by
  PRINCEE BARAIYA
  Date: 2021.12.22
  15:40:54 -08'00'