Bharat Koli @ Chauhan vs The State Of Madhya Pradesh
2022 Latest Caselaw 16943 MP

                                 1
      IN    THE         HIGH COURT OF MADHYA
                            PRADESH
                          AT GWALIOR
                       BEFORE
    HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                ON THE 20 th OF DECEMBER, 2022
    MISCELLANEOUS CRIMINAL CASE No. 58980 of 2022

BETWEEN:-
BHARAT KOLI @ CHAUHAN S/O SHRI HARMUKH
KOLI, AGED 51 YEARS, OCCUPATION: MAJDURI
R/O BELDAR KA PURA GOL PAHADIYA LASHKAR
DISTRICT GWALIOR (MADHYA PRADESH)

                                                         .....APPLICANT
(BY SHRI AJEET SINGH BHADORIYA-ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION GIRWAI DISTRICT GWALIOR
(MADHYA PRADESH)

                                                       .....RESPONDENT
(BY SHRI A.K.NIRANKARI-PUBLIC PROSECUTOR)

      T h is application coming on for Admission this day, t h e court
passed the following:
                                 ORDER

Case diary is available.

This second application under Section 439 of CrPC has been filed for grant of bail. The first application was dismissed as withdrawn by order dated 17.09.2021 passed in M.Cr.C. No.44074/2021.

The applicant has been arrested on 28.03.2021 in connection with Crime No.81/2021 registered at Police Station Girwai District Gwalior for

offence under Section(s) 376 D, 307/34 of IPC.

It is submitted by counsel for applicant that applicant is in jail from 28.03.2021 and since the prosecution was unable to produce the prosecution witnesses, therefore, this Court by order dated 11.11.2022 passed in M.Cr.C. No.49220/2022 has granted bail to the co-accused Dilip @ Kalu Pal and the allegations against the applicant are similar to that of co-accused Dilip @ Kalu Pal. However, it is fairly conceded that after the bail was granted to co-accused Dilip @ Kalu Pal, the Doctors have been examined and now the case has been fixed for examination of Investigating Officer. It is submitted that although the co-accused Dilip @ Kalu Pal was granted bail on the ground lethargy on the part of the prosecution to

examine its witnesses but the applicant may also be extended the same benefits as he is also in jail for the last one year and eight months.

Per contra, the application is vehemently opposed by counsel for the State. It is submitted that after the co-accused Dilip @ Kalu Pal was granted bail, the Doctors have appeared before the Trial Court and they have been examined, however, he fairly conceded that earlier the prosecution had shown lethargy in keeping its witnesses present before the Trial Court.

Accordingly, maintaining the parity 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) 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 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 Rules.

(G.S. AHLUWALIA) JUDGE Aman AMAN TIWARI 2022.12.20 20:02:15 +05'30'