Vijay Vishwakarma vs The State Of Madhya Pradesh
2022 Latest Caselaw 5464 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 18369/2022
       (VIJAY VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated : 13/04/2022

       Shri Atul Gupta, Counsel for applicant.

       Shri A.K. Nirankari, Counsel for State.

       Case diary is available.

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

grant of bail.

       The applicant has been arrested on 20.12.2021 in connection

with Crime No.525/2021 registered by Police Station - Dehat Basoda,

district Vidisha for offence punishable under Sections 302 & 120 B of

IPC.

       By referring to the statement of Malti wife of applicant, it is

submitted by Counsel for applicant that it is a case of sudden and

grave provocation. The applicant is in jail since 20.12.2021. The trial

is likely to take sufficiently long time and there is no possibility of his

absconding or tampering with prosecution case.

       Per contra, the application is vehemently opposed by the

Counsel for the respondent/State.

Heard the learned counsel for the parties.

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 be released on bail on furnishing a personal

bond in the sum of Rs.1,00,000/-(Rupees One Lac Only) with one

THE HIGH COURT OF MADHYA PRADESH MCRC No. 18369/2022 (VIJAY VISHWAKARMA Vs THE STATE OF MADHYA PRADESH)

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 2022.04.13 16:00:24 +05'30'