Kok Singh Jatav vs The State Of Madhya Pradesh
2021 Latest Caselaw 6808 MP

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          THE HIGH COURT OF MADHYA PRADESH
                     MCRC-52435-2021
               Kok Singh Jatav Vs. State of M.P.

Gwalior, Dated : 25/10/2021

      Shri I.S. Asthana, Counsel for applicant.

      Shri Nitin Goyal, Counsel for respondent/State.

Case diary is available.

This is second application filed under Section 439 of Cr.P.C.

for grant of bail. The first application was dismissed by order dated

01.06.2021 passed in M.Cr.C. 25468/2021.

The applicant has been arrested on 30.12.2020 in connection

with Crime No.168/2020 registered by Police Station Utila, District

Gwalior for offence punishable under Sections 365, 323, 294, 307, 34

of IPC and Section 11/13 of MPDVPK Act and Section 25, 30 of

Arms Act.

It is submitted by Counsel for the applicant that according to

the prosecution case, the applicant and other co-accused persons

abducted the injured and after giving him beating, he was thrown in a

river, however he survived. It is submitted that the applicant is in jail

for the last near about ten months. The trial is likely to take

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

tampering with the prosecution case. It is further submitted that co-

accused Jagdish has already been granted bail by order dated

16.09.2021 passed in M.Cr.C. No.41437/2021.

Per contra, the application is vehemently opposed by the

THE HIGH COURT OF MADHYA PRADESH MCRC-52435-2021 Kok Singh Jatav Vs. State of M.P.

Counsel for the State

Heard the learned counsel for the parties.

Considering the period of detention 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 Only) 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 2021.10.25 17:18:39 +05'30'