Gayaprasad Baghel vs The State Of Madhya Pradesh
2022 Latest Caselaw 5293 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 17893 of 2022 (Gayaprasad Baghel vs. State of M.P.) Gwalior, Dated 11.04.2022

Shri M.L. Yadav, counsel for the applicant.

Shri P.P.S. Vajeeta, Counsel for State.

Case diary is available.

This first application under Section 439 of Cr.P.C. has been filed for

grant of bail.

The applicant has been arrested on 27.09.2021 in connection with

Crime No.7/2021 registered at Police Station Baraso, District Bhind for

offence under Sections 147, 148, 149, 307, 294, 34 of IPC.

It is submitted by the counsel for the applicant that according to the

prosecution case the applicant had fired from his .12 bore double barrel

gun as a result it caused pellet injuries to the complainant on his legs as

well as fingers of left hand. The applicant is in jail for the last six months.

He has no criminal history. 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. However, it is fairly conceded that as per the police case diary

the applicant has no criminal antecedents.

Considering the period of detention, 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 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 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 van VANDANA VERMA 2022.04.11 19:04:41 -07'00'