Madhya Pradesh High Court
Boby Dandotiya vs The State Of Madhya Pradesh on 27 October, 2021
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC-52784-2021
Boby Dandotiya Vs. State Of M.P.
Gwalior, Dated : 27/10/2021
Shri Mohit Singh Bhadoriya, Counsel for applicant.
Smt. Padamshri Agrawal, Counsel for State.
Shri Y.K. Shrivastava, Counsel for complainant.
Case diary is available.
This is second application filed under Section 439 of Cr.P.C.
for grant of bail. The first bail application was dismissed by order
dated 25.08.2021 passed in M.Cr.C. No.41910/2021 as withdrawn
with liberty to revive the prayer after the charge-sheet is filed.
The applicant has been arrested on 28.07.2021 in connection
with Crime No.324/2021 registered by Police Station Padav,
District Gwalior for offence punishable under Sections 307, 327, 34
of IPC
It is submitted by Counsel for the applicant that according to
the prosecution case, the applicant and two other co-accused
persons called the complainant from his flat and demanded Rs.
50,000/-. When complainant refused to give the said amount on the
ground that applicant and other co-accused persons are not known
to him, then it is alleged that all the three persons started abusing
him and the co-accused Guddu Bajpai fired a gunshot causing
injury on the right side of abdominal region of complainant. It is
submitted that even according to the prosecution case, neither the
applicant was having any firearm not any gunshot was fired by him.
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THE HIGH COURT OF MADHYA PRADESH
MCRC-52784-2021
Boby Dandotiya Vs. State Of M.P.
He is in jail from 28.07.2021 i.e. for the last three months and the
previous bail application was withdrawn with liberty to revive the
prayer after filing of charge-sheet. It is submitted that Police after
completing the investigation has filed the charge-sheet. The
applicant is innocent and has no criminal history. There is no
possibility of his absconding or tampering with prosecution case.
Per contra, the application is opposed by Counsel for the
respondent/State. However, after going through the Police case
diary, it is fairly conceded that neither the applicant is alleged to be
carrying any firearm nor he has fired any gunshot. It is further
submitted that there is nothing in the case diary to indicate the
criminal antecedents of applicant.
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 HIGH COURT OF MADHYA PRADESH
MCRC-52784-2021
Boby Dandotiya Vs. State Of M.P.
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
2021.10.27 17:21:05
+05'30'
