Chhota Alias Arvind vs The State Of Madhya Pradesh
2022 Latest Caselaw 6492 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.21548/2022 (CHHOTA @ ARVIND & ANR. VS. STATE OF M.P.)

Gwalior, Dated : 29/04/2022

Shri R.B.S.Tomar, learned counsel for the applicants.

Shri P.P.S.Vajeeta, learned counsel for the State.

Case Diary is not available. Accordingly, the bail application is

being decided on the basis of the averments made in the application

as well as facts mentioned in the impugned order.

However, it is submitted by the counsel for the applicants that

while deciding the bail application of co-accused Barelal @ Borelal

in MCRC No.18083/2022, this Court has already considered the

merits in detail, therefore, this application may also be decided on the

basis of the facts mentioned in the said order.

This third repeat application under Section 439 of Cr.P.C. has

been filed for grant of bail. Second bail application of the applicants

was dismissed by order dated 03/03/2022 passed in MCRC

No.9440/2022.

The applicants have been arrested on 10/01/2022 in connection

with Crime No.247/2021 registered at Police Station Dimani, District

Morena for offence under Sections 323, 324, 326, 294, 506 and 34 of

IPC.

The allegations against the applicants are that the applicants,

Harishankar Mahor and Barelal @ Borelal abused him on the

question of loan amount which was lend by the complainant

THE HIGH COURT OF MADHYA PRADESH MCRC No.21548/2022 (CHHOTA @ ARVIND & ANR. VS. STATE OF M.P.)

Shyamvir Singh Tomar. On this issue the co-accused Harishankar

Mahor assaulted by sickle on the hand of the injured Shyamvir Singh

Tomar. It is alleged that the other co-accused persons including the

applicants assaulted the complainant by fists and blows. It is

submitted that in fact a free-fight had taken place and a cross-case

was registered. Even otherwise, the allegation of causing incised

wound is against coaccused Harishankar Mahor. The trial is likely to

take sufficiently long time and there is no possibility of their

absconding of tampering with the prosecution case. It is further

submitted that co-accused Barelal @ Borelal has already been

granted bail by this Court by order dated 19/04/2022 passed in

MCRC No.18083/2022.

Per contra, the applicant is vehemently opposed by the

Counsel for the State.

Considering the nature of allegations as well as period of

detention and without commenting on the merits of the case, the

application is allowed. It is directed that the applicants be released on

bail on furnishing a personal bond in the sum of Rs.1,00,000/-

(Rupees One Lac) each with one surety each 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 trial but in case

THE HIGH COURT OF MADHYA PRADESH MCRC No.21548/2022 (CHHOTA @ ARVIND & ANR. VS. STATE OF M.P.)

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)
Pj'S/-                                                                 Judge


         Digitally signed
         by PRINCEE
         BARAIYA
         Date: 2022.04.29
         16:45:35 -07'00'