Bhim Sen Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 5568 MP

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           THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.18715/2022
                Bhim Sen Jatav vs. State of M.P.

Gwalior, Dated : 18/04/2022

      Shri Suraj Pratap Singh Kushwah, Counsel for the applicant.

      Shri Rajeev Upadhyay, Counsel for respondent/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 18.3.2022 in connection with

Crime No.48/2022 registered at Police Station Mou, District Bhind for

offence under Section 436/34 of IPC.

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

the prosecution case, three persons including the applicant went to a

hotel at 4:00 AM and demanded for food and when it was replied by

the hotel personnel that food is not available, then it is alleged that the

co-accused Jitendra set the clothes on fire, which were lying in the

hotel. The allegations against the applicant are that one Vikas who was

serving in the hotel tried to extinguish the fire but he was caught hold

by the applicant. Because of burning clothes, plastic cane which was

filled with diesel got burnt, as a result, a Tavera vehicle which was

parked in the hotel, also got burnt and according to damage

Panchnama, a total loss of Rs.2,50,000/- was caused. It is submitted

that the applicant has no criminal history. The applicant is aged about

28 years. The very genesis of the incident is that three persons had

gone to a hotel for having meals. It appears that the co-accused was of

a short tamper and, therefore, he set the clothes on fire. The allegation

THE HIGH COURT OF MADHYA PRADESH MCRC No.18715/2022 Bhim Sen Jatav vs. State of M.P.

of catching hold of one of the servant of the hotel is false. He is ready

and willing to deposit certain amount by way of payment of cost to the

hotel owner. However, it is submitted that the said deposit would be

without prejudice to his defence. 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 respondent/State. It is submitted that as per the case

diary, the applicant has no criminal history.

Considering the concessional statement made by the counsel for

the applicant, it is directed that in case, if the applicant deposits an

amount of Rs.50,000/- without any prejudice to his defence and

furnishes 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 then he shall be released on bail and

shall appear before the Court on the dates given by the concerned

Court.

It is made clear that the complainant shall be permitted to

withdraw the amount of Rs.50,000/- on furnishing his undertaking that

in case if the applicant is acquitted, then he would immediately refund

the said amount.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the

THE HIGH COURT OF MADHYA PRADESH MCRC No.18715/2022 Bhim Sen Jatav vs. State of M.P.

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 (alok)

ALOK KUMAR 2022.04.18 18:23:39 +05'30'