Ballu @ Ravindra Singh Parihar vs The State Of Madhya Pradesh
2021 Latest Caselaw 7227 MP

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          THE HIGH COURT OF MADHYA PRADESH
                     M.Cr.C. No.52297/2021
         Ballu @ Ravindra Singh Parihar Vs. State of M.P.

Gwalior, Dated: 10-11-2021

       Shri Atul Gupta, Counsel for the applicant.

       Shri B.P.S. Chauhan, 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 26/7/2020 in connection

with Crime No.88/2019 registered at Police Station Barohi, Distt.

Bhind for offence under Sections 302, 294, 323/34 of IPC and

Section 25/27 of the Arms Act.

       It is submitted by the counsel for the applicant that all the

eyewitnesses have been examined and none of them have supported

the prosecution on the question of identity and at present there is no

substantive evidence against the applicant. The trial is likely to take

sufficiently long time and there is no possibility of his absconding or

tampering with the prosecution case. It is further submitted that the

co-accused Pankaj Parihar, Upendra Singh and Yogendra Singh have

already been granted bail by orders dated 29/9/2021, 29/9/2021 and

4/10/2021

passed in M.Cr.C. Nos.48444/2021, 48643/2021 and

49037/2021 respectively.

Per contra, the application is vehemently opposed by the

counsel for the State. However, when a specific question was put to

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.52297/2021 Ballu @ Ravindra Singh Parihar Vs. State of M.P.

Shri Chauhan that whether there is any other circumstantial evidence

against the applicant or not, then it is submitted by him that there is

no other circumstantial evidence against the applicant.

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 2021.11.12 18:17:18 +05'30'