Ravi Singh Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 1437 MP

                          1
         THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.5205/2022
         (RAVI SINGH GURJAR VS. STATE OF M.P.)

                    Through Video Conferencing

Gwalior, Dated : 01/02/2022

      Shri Ravi Dwivedi, learned counsel for the applicant.

      Shri C.P.Singh, learned counsel for the State.

      Case diary is available.

      This second repeat application under Section 439 of Cr.P.C.

has been filed for grant of bail. First bail application of the applicant

was dismissed by order dated 03/01/2022 passed in MCRC

No.64389/2021.

      The applicant has been arrested on 20/09/2021 in connection

with Crime No.610/2021 registered at Police Station Maharajpura,

District Gwalior for offence under Sections 147, 148, 149, 307, 323,

294 and 506 of IPC.

      This repeat application has been filed on the ground of period

of detention. The first bail application was dismissed by order dated

03/01/2022

passed in MCRC No.64389/2021 with liberty to revive

the prayer after undergoing some reasonable period of detention. It is

submitted that on the report of Edal Singh, cross case No.611/2021

has been registered against the complainant party for offences under

Sections 147, 148, 149, 307, 323, 294 and 506 of IPC. It is the case

of free fight, the offence under Section 307 of IPC registered for

making an attempt on the life of Dhundhi Singh. However, there is no

THE HIGH COURT OF MADHYA PRADESH MCRC No.5205/2022 (RAVI SINGH GURJAR VS. STATE OF M.P.)

allegation that the applicant caused any injury to Dhundhi Singh. The

allegation is that he had assaulted Dharamveer resulted in fracture of

ulna bone. The applicant is in jail approximately four and half

months. 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 State. However, it is fairly conceded that the assault

made by the applicant by an iron rod on the head of Dharamveer

resulted in fracture of ulna bone, but the applicant has no criminal

history.

Considering the period of detention and the role played by the

applicant 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 and others Vs. State of M.P. Passed on

THE HIGH COURT OF MADHYA PRADESH MCRC No.5205/2022 (RAVI SINGH GURJAR VS. STATE OF M.P.)

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: 2022.02.01
         16:48:01 -08'00'