Amit Kumar Ojha @ Vikki vs The State Of Madhya Pradesh
2021 Latest Caselaw 7509 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.51486/2021 Amit Kumar Ojah alias Vikki vs. State of M.P

Gwalior, Dated :17.11.2021

Shri D.S. Rajawat, Counsel for the applicant.

Shri Rinkesh Goyal, 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 01.10.2021 in connection

with Crime No.320/2021 registered at Police Station Dharnawada

Distt. Guna for offence under Sections 323, 294, 324, 506, 34 of IPC

and Increased Section 326 of IPC.

It is submitted by Counsel for the applicant that according to

the prosecution case, co-accused Lakhan gave a lathi blow on the

head of the injured whereas the applicant is alleged to have given a

lathi blow on his neck. Although, the injured Morari has suffered a

fracture of left fronto parietal bone of skull, but the said injury was

caused by co-accused Lakhan. The applicant has been falsely

implicated merely on the ground that he is the brother of co-accused

Lakhan. He is in jail from 01.10.2021 and has no criminal history.

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. After going through the police case diary, it is

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.51486/2021 Amit Kumar Ojah alias Vikki vs. State of M.P

fairly conceded that the applicant has no criminal history.

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) 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 ar

ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26d2b 510cc133f1b56faa63e77b,

RAHMAN pseudonym=352E5BC6169A1C65270B76C8214AD91A9A2E 28EB, serialNumber=1B0EA1B496C965067285A628B81AE07B60D 342048B7853E6108263F1DDCC0F50, cn=ABDUR RAHMAN Date: 2021.11.18 08:55:22 -08'00'