Sonu @ Premnarayan vs The State Of Madhya Pradesh
2022 Latest Caselaw 5567 MP

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          THE HIGH COURT OF MADHYA PRADESH
                      MCRC No. 17924/2022
     (SONU @ PREMNARAYAN Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated : 18/04/2022

      Shri Harish Sharma, Counsel for applicant.

      Shri C.P. Singh, 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 06.12.2021 in connection

with Crime No.258/2021 registered by Police Station - Seondha,

District Datia for offence punishable under Sections 307, 323, 294,

34, 325 of IPC.

      It is submitted by Counsel for applicant that it is true that the

bail application of co-accused-Lakhan Niranjan has been dismissed by

order dated 18.02.2022 passed in M.Cr.C. No.8167/2022 but the case

of present applicant is distinguishable on the question of period of

custody. The applicant was arrested on 06.12.2021, whereas co-

accused-Lakhan Niranjan was arrested on 29.12.2021 and his bail

application was rejected when he had undergone less than two months

of detention. However, the applicant is in jail for the last more than

four months. The allegations are that he had assaulted on the finger of

the hand of complainant. It is true that the said assault had resulted in

fracture but in view of the period of custody, his bail application may

be considered sympathetically. The trial is likely to take sufficiently
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                         THE HIGH COURT OF MADHYA PRADESH
                                      MCRC No. 17924/2022
                    (SONU @ PREMNARAYAN Vs THE STATE OF MADHYA PRADESH)



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

               with prosecution case.

                     Per contra, the application is opposed by the Counsel for the

               respondent/State. However, after going through the police case diary,

he fairly conceded that applicant has no criminal history.

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/-(Rupees 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 2022.04.18 16:43:38 +05'30'