Madhya Pradesh High Court
Ajay Sharma vs The State Of Madhya Pradesh on 20 April, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 18828/2022
(AJAY SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 20/04/2022
Shri Rajiv Sharma, Counsel for applicants.
Shri Rajeev Upadhyay, Counsel for State.
Case Diary is available.
This first application under Section 438 of CrPC has been filed
for grant of anticipatory bail.
The applicants apprehend their arrest in connection with Crime
No.142/2021 registered at Police Station - Mahua, District Morena,
for offence punishable under Sections 324, 294, 506, 34 of IPC and
Section 326 of IPC.
It is submitted by the Counsel for the applicants that the police
after concluding the investigation had filed the charge-sheet along-
with the x-ray report of the injured, for offence under Sections 324,
325, 294, 506, 34 of IPC and since all the offences were bailable, they
were granted bail. However, at the time of framing of charges, the
Trial Magistrate was of the view that offence under Section 326 of
IPC is prima-facie made out, therefore, he has decided to commit the
case. Under these circumstances, it is submitted that when the charge-
sheet was already filed along-with the x-ray report of injured Akhilesh
for offence under Section 325 of IPC, then the entire material was
available before the Trial Magistrate. Although the applicants were
released on bail mainly on the ground that charge-sheet has been filed
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 18828/2022
(AJAY SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
for bailable offences but only linear fracture has been found on tibia
bone of right leg. The applicants are ready and willing to abide by any
stringent condition which may be imposed by the Court. The trial is
likely to take sufficiently long time and there is no possibility of their
absconding or tampering with prosecution case.
Per Contra, the application is opposed by the State Counsel. It
is submitted that it is true that an x-ray report of injured Akhilesh was
filed along-with the charge-sheet, but fairly conceded that the charge-
sheet was filed for offence under Section 325 of IPC.
Considering the facts and circumstances of the case and without
commenting on the merits of the case, the application is allowed
subject to condition that if the applicants appear before the Trial
Court/Committal Court on or before 27.04.2022, they shall be released
on bail on their furnishing a personal bond in the sum of Rs.1,00,000/-
(Rupees One Lac Only) each with one surety each in the like amount
to the satisfaction of the Trial Court/Committal Court.
The applicants shall appear before the Trial Court as and when
required. They shall further abide by the other conditions enumerated
in sub-section (2) of Section 438 of Cr. P. C.
It is made clear that in case if the applicants fail to appear
before the Trial Court/Committal Court on or before 27.04.2022, then
this order shall lose its effect and the Trial Court/Committal Court
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 18828/2022
(AJAY SHARMA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
shall be at liberty to take coercive steps for the arrest of the applicants.
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.
CC as per rules.
(G.S. Ahluwalia)
Judge
Aman
AMAN TIWARI
2022.04.20
17:40:34 +05'30'
