Phool Singh Rajak vs The State Of Madhya Pradesh
2021 Latest Caselaw 7719 MP

                HIGH COURT OF MADHYA PRADESH
            1                                   M.Cr.C.No.55089/2021
                   (Phool Singh Vs. State of M.P.)

Gwalior Bench:Dated -23/11/2021

      Shri Abhinav Bhargava, learned counsel for the applicant.

      Shri Kuldeep Singh, learned PP for the respondent/State.

Shri Harshit Sharma, learned counsel for the complainant.

With consent heard finally.

The applicant has filed this second bail application u/S.439

Cr.P.C for grant of bail. Applicant has been arrested on 22-07-

2021 by Police Station Bijauli, District Gwalior in connection

with Crime No.133/2021 registered for offence punishable under

Sections 302, 201 of IPC. His earlier bail application was

dismissed as withdrawn.

It is the submission of learned counsel for the applicant that

false case has been registered against him and he is suffering

confinement since 22-07-2021 whereas charge-sheet has already

been filed. It is further submitted that source of implication of

applicant is memo prepared under Section 27 of Indian Evidence

Act and presumption as per Sections 106 and 114(g) of Indian

Evidence Act. Nothing more nothing less. Even otherwise case

can fall under exception No.1 and 4 of Section 300 of IPC

regarding sudden provocation and/or under heat of passion as

supplementary argument. It is further submitted that applicant HIGH COURT OF MADHYA PRADESH

(Phool Singh Vs. State of M.P.)

does not bear any criminal record and he has to rear up two

children aged 5 and 2 years respectively. Confinement amounts to

pretrial detention. He further undertakes not to be source of

embarrassment and harassment to the complainant party in any

manner and would not move in the vicinity of complainant party

and would cooperate in trial. He further undertakes to abide by all

the terms and conditions of guidelines, circulars and directions

issued by Central Government, State Government as well as

Local Administration regarding measures in respect of COVID-

19 Pandemic and maintain hygiene in the vicinity while keeping

physical distancing.

Counsel for the State opposed the prayer and prayed for

dismissal of the bail application.

Counsel for the complainant vehemently opposed the

prayer on the ground that presumption goes against the applicant

and he has to discharge the burden which at present does not

appear to be available. He referred the judgment of Apex Court in

the matter of Jayantilal Verma Vs. State of M.P. (Now

Chhattisgarh), 2020 SCC Online 944. Further he submits that if

this Court intends to allow the bail application then stringent

condition be imposed over the applicant.

HIGH COURT OF MADHYA PRADESH

(Phool Singh Vs. State of M.P.)

Heard learned counsel for the parties at length and

considered the arguments advanced by them.

Considering the submission and the fact that applicant does

not bear any criminal record and he has to rear up his children

and charge-sheet has already been filed, but without commenting

on the merits of the case, it is hereby directed that the applicant

shall be released on bail, on his furnishing personal bond of

Rs.50,000/- (Rupees Fifty Thousand only) alongwith two

solvent sureties of like amount to the satisfaction of trial Court.

This order will remain operative subject to compliance of

the following conditions by the applicant :-

1.The applicant will comply with all the terms and

conditions of the bond executed by him;

2. The applicant will cooperate in the investigation/trial, as

the case may be;

3. The applicant will not indulge himself in extending

inducement, threat or promise to any person acquainted with the

facts of the case so as to dissuade them from disclosing such facts

to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the

offence of which he is accused;

HIGH COURT OF MADHYA PRADESH

(Phool Singh Vs. State of M.P.)

5. The applicant will not be a source of embarrassment or

harassment to the complainant party in any manner and applicant

will not seek unnecessary adjournments during the trial;

6. The applicant will not leave India without previous

permission of the trial Court/Investigating Officer, as the case

may be;

7. Applicant shall not be source of harassment and

embarrassment to the complainant party (family of deceased)

in any manner and shall not move in their vicinity and shall

not try to tamper with witness otherwise the benefit of bail

shall be withdrawn immediately.

8. Applicant shall mark his present in first week of

every month before the concerned Police Station between

10:30am to 2 pm for next six months till April, 2022.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for

information and necessary compliance.

Certified copy as per rules.

(Anand Pathak) Judge Anil* Digitally signed by ANIL KUMAR CHAURASIYA

ANIL KUMAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh,

CHAURASIY 2.5.4.20=8512f40a1a9eaa50b6802d068b51dae 27e84c266b09d283f0799e67cdc7df50f, pseudonym=F7E569EA2A8955818DF870B0C5 0764B46C526E80,

A serialNumber=EC534CBB3B245F050119F06F4 A296DD83C765A1E2ACC6EC7D8BD8CBCC9C2 446E, cn=ANIL KUMAR CHAURASIYA Date: 2021.11.20 00:48:50 -08'00'