Gajraj Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6753 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 51125/2021 Gajraj Singh Vs. State of MP

Gwalior, Dated: 23-10-2021

Shri Manish Kumar Nayak, Counsel for the applicant.

Shri A.K. Nirankari, Counsel for the State.

Case Diary is available.

This first application under Section 439 of CrPC has been filed

for grant of bail.

The applicant has been arrested on 05.02.2021 in connection

with Crime No.60/2021 registered at Police Station Purani Chhawani

Distt. Gwalior for offence under Sections 307, 353, 332, 186, 147,

148, 149 of IPC and later added Section 333 of IPC and Section 25,

27 of Arms Act.

It is submitted by the Counsel for the applicant that applicant is

in jail for the last more than eight months. The Trial is likely to take

sufficiently long time and there is no possibility of his absconding or

tampering with prosecution witnesses. It is further submitted that this

Court has granted bail to the co-accused persons on furnishing cash

surety of Rs.3,00,000/-. Furthermore, co-accused Badshah Gurjar has

been granted bail by order dated 28.09.2021 passed in M.Cr.C.

No.48485/2021 on furnishing cash surety of Rs.6,00,000/- because

he had criminal antecedents and as many as 19 criminal cases have

been registered against him. It is further submitted that since

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 51125/2021 Gajraj Singh Vs. State of MP

similarly situated co-accused persons have been granted bail,

therefore, he is ready and willing to abide by the same conditions on

which the co-accused persons have been granted bail.

Per contra, the application is vehemently opposed by the

Counsel for the State. It is submitted that there is nothing in the case

diary to indicate criminal antecedents.

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 shall be released on bail on

furnishing cash surety of Rs.3,00,000/- (Rupees Three Lacs Only)

or in the alternative on depositing his original title-deed(s) [not Rin

Pustika] of the immovable property worth of more than the said

amount, as directed by the Supreme Court in the case of Sharo @

Shahrukh Vs. The State of MP by order dated 06.09.2021 passed

in SLP (Cri) No. 6321/2021 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.

It is made clear that single default in appearance before the

Trial Court, or in case of registration of new offence, this bail order

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No. 51125/2021 Gajraj Singh Vs. State of MP

shall automatically come to an end and the cash surety so furnished

by the applicant shall automatically stand forfeited without any

reference to the Court.

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.

CC as per rules.

(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2021.10.25 18:26:41 +05'30'