Sonu Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 1494 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 4940/2022 (SONU GURJAR Vs STATE OF MADHYA PRADESH AND ANOTHER)

Through Video Conferencing

Gwalior, Dated : 02/02/2022

Shri R.S. Yadav, Counsel for applicant.

Ms. Kalpana Parmar, Counsel for State.

Case diary is available.

This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

The applicant has been arrested on 28.11.2021 in connection

with Crime No.303/2021 registered by Police Station Mou, District

Bhind, for offence punishable under Sections 341, 354, 323, 294, 506

of IPC and Section 7/8 of POCSO Act and Sections 3(1)(w)(i), 3(2)

(va) of SC/ST Act.

It is submitted by Counsel for the applicant that according to the

prosecution case, the applicant caught hold the hands of the

prosecutrix and when the prosecutrix raised an alarm, then her brother

who was working in the field along-with spade came running in order

to save the prosecutrix. The applicant tried to run away, as a result he

sustained injury due to spade which was in the hands of her brother. It

is submitted that in fact the applicant has been falsely implicated. He

was assaulted by the brother of the prosecutrix by a spade. The trial is

likely to take sufficiently long time and there is not possibility of his

absconding or tampering with prosecution case.

Per contra, the application is vehemently opposed by Counsel

THE HIGH COURT OF MADHYA PRADESH MCRC No. 4940/2022 (SONU GURJAR Vs STATE OF MADHYA PRADESH AND ANOTHER)

for State. It is submitted that applicant has a criminal history and 6

more offences have been registered against him. However, he fairly

conceded that no crime for heinous offence was ever registered

against him.

Looking to the period of detention as well as the nature of

allegations 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 Only) 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 the 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 rule.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2022.02.03 15:58:18 +05'30'