Anil Alias Bala Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 5214 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.44394/2021
          (ANIL @ BALA YADAV VS. STATE OF M.P.)

Gwalior, Dated : 08/09/2021

      Shri Imran Khan, learned counsel for the applicant.

      Smt. Padmshri Agrawal, learned counsel for the State.

      Case diary is available.

      This third repeat application under Section 439 of Cr.P.C. has

been filed for grant of bail. First bail application of the applicant was

dismissed as withdrawn by order dated 12/03/2021 passed in MCRC

No.13301/2021.

      The applicant has been arrested on 28/11/2020 in connection

with Crime No.770/2020 registered at Police Station Bahodapur,

District Gwalior for offence under Sections 307, 195-A, 323, 294 and

147 of IPC.

      It is submitted by the counsel for the applicant that according

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

were pressurizing the complainant to enter into compromise in

previously instituted cases and when he refused to do so, then he was

assaulted. The applicant is in jail from 28/11/2020, earlier he was

granted temporary bail for a period of two months by order dated

11/06/2021

passed in MCRC No.28109/2021 and accordingly, on

14/08/2021 he has surrendered before the Trial Court, which is

evident from the order-sheet dated 14/08/2021 filed at page No.15 of

the bail application. It is further submitted that except for the period

from 14/06/2021 till 14/08/2021, the applicant was never released on

parole. 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

Counsel for the State. It is submitted that the applicant has a criminal

history and five more criminal cases have been registered against

him.

In reply, it is submitted by the counsel for the applicant that out

of those criminal cases, in three criminal cases he has already been

acquitted and he is in possession of the judgments passed in two

criminal cases.

At the request of the Court, Shri Khan has provided the copies

of those judgments for perusal. It is clear from both the judgments

that the witnesses had turned hostile and they did not support the

prosecution case. In the present case also the allegations are that the

applicant was pressurizing the complainant to enter into compromise

in a previously instituted criminal cases, when he refused to do so,

then he was beaten. Thus, it is clear that the applicant is in habit of

pressurizing the witnesses and he does not hesitate in going to the

extent of mercilessly beating him, in case, if they not accede to

dictations of the applicant.

Considering the facts and circumstances of the case, this Court

is of the considered opinion that no case is made out for grant of bail.

Accordingly, the application fails and is hereby dismissed.

                                                                     (G.S. Ahluwalia)
Pj'S/-                                                                     Judge


         Digitally signed by
         PRINCEE BARAIYA
         Date: 2021.09.08
         18:00:52 -07'00'