Golu @ Shailendra vs The State Of Madhya Pradesh
2021 Latest Caselaw 6671 MP

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          THE HIGH COURT OF MADHYA PRADESH
                    MCRC-49795-2021
              Golu @ Shailendra Vs. State of MP

Gwalior, Dated: 22-10-2021

      Shri Devansh Mishra, Counsel for the applicant through video

conferencing.

      Shri R.K. Awasthi, Counsel for the State.

      Case Diary is available.

      This fourth application under Section 439 of Cr.P.C. has been

filed for grant of bail. Third application was dismissed by order dated

23.08.2021

passed in M.Cr.C. No.40139/2021.

The applicant has been arrested on 09.04.2021 in connection

with Crime No.139/2021 registered at Police Station Dehat Ganj

Basoda Distt. Vidisha for offence under Sections 307, 323, 294, 506,

34 of IPC.

It is submitted by the counsel for the applicant that the

applicant is in jail from 09.04.2021. Previous bail application was

dismissed with liberty to revive the prayer after undergoing some

reasonable period of detention. The allegations are that the applicant

and the co-accused caused multiple knife injuries to the injured Shiva

@ Shivkumar and Ashish Pal. However, it is clear from the ocular

evidence as well as MLC report that the applicant is alleged to have

caused knife injury to Shiva on his left hand and head. 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

THE HIGH COURT OF MADHYA PRADESH MCRC-49795-2021 Golu @ Shailendra Vs. State of MP

counsel for the State. However, after going through the police case

diary, it is fairly conceded by the counsel for the State that the

applicant has no criminal history.

Considering the facts and circumstances of the case as well as

period of detention, 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 Abhi ABHISHEK CHATURVEDI 2021.10.22 17:14:13 +05'30'