Madhya Pradesh High Court
Bhagwan Singh vs The State Of Madhya Pradesh on 21 October, 2021
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC-50037-2021
Bhagwan Singh Vs. State of M.P.
Gwalior, Dated : 21/10/2021
Shri Avadhesh Parashar, Counsel for the applicant.
Shri R.K. Awasthi, Counsel for the respondent/State.
Case diary is available.
This is third application filed under Section 439 of Cr.P.C. for
grant of bail. The second bail application was dismissed by order
dated 08.07.2021 passed in M.Cr.C. No.32952/2021.
The applicant has been arrested on 11.05.2021 in connection
with Crime No.77/2021 registered by Police Station Jamner, District
Guna for offence punishable under Sections 294, 323, 324, 436, 506,
34, 326 of IPC.
It is submitted by the counsel for the applicant that first bail
applicant was dismissed by order dated 03.06.2021 passed in M.Cr.C.
No.26314/2021 with liberty to revive the prayer after undergoing
some reasonable period of detention. The second bail application was
dismissed by order dated 08.07.2021 passed in M.Cr.C.
No.32952/2021 by holding that the period undergone by the applicant
under the facts and circumstances of the case is not reasonable.
It is submitted by Counsel for applicant that according to the
prosecution case, applicant was armed with Gopan (it is a weapon by
which stones are thrown with force). It is further submitted that
allegation is that co-accused Ramcharan Bheel set the house of
complainant at fire and the applicant was not aware that Ramcharan
THE HIGH COURT OF MADHYA PRADESH
MCRC-50037-2021
Bhagwan Singh Vs. State of M.P.
Bheel would set the house of complainant on fire. The applicant is in
jail since 11.05.2021 i.e. from more than five months. The trial is
likely to take sufficiently long time and there is no possibility of his
absconding or tempering with prosecution case.
Per contra, the application is opposed by the counsel for the
respondent/State but after going through the police case diary, it is
fairly conceded that applicant has no criminal history.
Heard the learned counsel for the parties.
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) 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 the 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 & 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 rule.
(G.S. Ahluwalia)
Judge
Aman
AMAN TIWARI
2021.10.21
16:57:28 +05'30'
