Madhya Pradesh High Court
Hariom Bhardwaj vs The State Of Madhya Pradesh on 16 November, 2021
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC-55793-2021
Hariom Bharadwaj Vs. State of M.P.
Gwalior, Dated : 16/11/2021
Shri Umesh Kumar Sharma, Counsel for applicant.
Shri Rinkesh Goyal, 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 bail application was dismissed by
order dated 13.09.2021 passed in M.Cr.C. No.44872/2021 as
withdrawn with liberty to revive the prayer after undergoing some
reasonable period of detention.
The applicant has been arrested on 04.08.2021 in connection
with Crime No.380/2021 registered at Police Station Kotwali, Vidisha
Distt. Vidisha for offence under Sections 294, 323, 324, 307, 353,
427, 506, 34 of IPC and Section 25 of the Arms Act.
It is submitted by Counsel for applicant that first bail
application was dismissed as withdrawn by order dated 13.09.2021
passed in M.Cr.C. No.44872/2021 with liberty to revive the prayer
after undergoing some reasonable period of detention. It is submitted
that according to the prosecution on 04.08.2021, the driver of the
District Magistrate, Vidisha lodged a report that he and one Liladhar
were sent by District Magistrate to monitor the water level in Betwa
river. When both of them were coming back, they reached in front of
shakti petrol pump at 10:30 pm and found that one scooty was
THE HIGH COURT OF MADHYA PRADESH
MCRC-55793-2021
Hariom Bharadwaj Vs. State of M.P.
moving in front of them. One person sitting on the sooty throw a
liquor bottle on the vehicle. When the complainant stopped the
vehicle and objected to it, then it is alleged that complainant was
assaulted by fists blows and belt and one person gave a lathi blow on
the head of complainant. It is submitted that it is true that as per
MLC, the complainant Ravindra sustained three incised wounds,
three contusions and three abrasions including one multiple abrasions
over abdominal region, similarly Liladhar has sustained one
contusion and three multiple abrasions over right knee, left hand and
left side of the chest. However, the applicant is in jail for the last
more than three months. The trial is likely to take sufficiently long
time and there is possibility of his absconding or tampering with
prosecution case.
Per contra, the application is opposed by Counsel for the State.
However, it is fairly conceded by Shri Goyal that none of the victim
has suffered any bony injury and the applicant also does not have any
criminal history.
Considering the facts and circumstances of the case 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/- (Rs.One Lac
Only) with one surety in the like amount to the satisfaction of the
THE HIGH COURT OF MADHYA PRADESH
MCRC-55793-2021
Hariom Bharadwaj Vs. State of M.P.
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 Kotwali, Vidisha District Vidisha 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 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 & Ors. vs. State of M.P. passed on 18/3/2021
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
Aman
AMAN TIWARI
2021.11.16 18:48:15
+05'30'
