Madhya Pradesh High Court
Kundan vs The State Of Madhya Pradesh on 1 February, 2022
Author: Subodh Abhyankar
1
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
M.Cr.C. No.5582 of 2022
Kundan Vs. State of M.P.
Indore, Dated:- 01/02/2022
Heard through video conferencing.
Shri M. S. Chouhan, Counsel for the applicant - Kundan S/o.
Bharat.
Shri Sameer Verma, Counsel for the respondent/State.
They are heard. Perused the case-diary.
This is the second bail application under Section 439 of
Criminal Procedure Code, 1973, as he is implicated in connection
with Crime No.253/2019 registered at Police Station Maksi, District -
Shajapur (MP) for offence punishable under Sections 307, 511, 379 &
34 of IPC and Section 25 of Arms Act.
The applicant is in custody since 12.05.2021.
His earlier bail application M.Cr.C. No.44797 of 2021 was
dismissed on 24.09.2021.
Counsel has submitted that the applicant is lodged in jail since
12.05.2021 and as such he has already spent around 7 months of
incarceration. It is further submitted that so far as the other accused
persons, namely, Ranjit and Dharmendra are concerned, against
whom the main allegations have been levelled, they have already
been acquitted by the learned trial Court vide judgment dated
23.01.2020. It is further submitted that the final conclusion of trial
Signature
SAN Not
Verified
Digitally signed by
PANKAJ PANDEY
Date: 2022.02.02
11:21:11 IST
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
M.Cr.C. No.5582 of 2022
Kundan Vs. State of M.P.
would again take some time and considering the fact that the other
accused persons have already been acquitted, the chances of
conviction are also bleak. It is also submitted that the applicant is HIV
positive and his wife is also seriously ill. The documents regarding
which have also been placed on record. So far as the criminal
antecedents are concerned, it is submitted that eight cases have been
registered against the applicant, but in all the cases he has already
been granted bail.
Counsel for the respondent / State, on the other hand, has
opposed the prayer.
Having considered the rival submissions and on perusal of the
record, taking note of the fact that the applicant is HIV positive and
his wife is also ailing, this Court finds force with the contentions
raised by the counsel for the applicant and the fact that the final
conclusion of the trial is likely to take sufficient long time, in the
considered opinion of this Court, the applicant's application deserves
to be allowed.
Accordingly, without commenting on the merits of the case, the
application filed by the applicant is allowed. The applicant is directed
to be released on bail upon furnishing a personal bond in the sum of
Rs.1,00,000/- (rupees one lakh) with one solvent surety of the like
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
M.Cr.C. No.5582 of 2022
Kundan Vs. State of M.P.
amount to the satisfaction of the trial Court for his/her regular
appearance before the trial Court during trial with a condition that he /
she shall remain present before the court concerned during trial and
shall also abide by the conditions enumerated under Section 437 (3)
Criminal Procedure Code, 1973.
It is also observed that if the applicant is found in any of the
criminal activities, after his / her release on bail, then the present bail
order shall stand cancelled without further reference to this Court; and
the State / prosecution will be free to arrest the accused in the present
case also.
This order shall be effective till the end of the trial, however, in
case of bail jump, it shall become ineffective.
Certified copy as per rules.
(SUBODH ABHYANKAR)
JUDGE
Pankaj
