Dhara Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1626 MP

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         THE HIGH COURT OF MADHYA PRADESH
                       MCRC-5493-2022
                   Dhara Singh Vs. State of MP

                    Through Video Conferencing

Gwalior, Dated : 04/02/2022

      Shri Tajuddin Khan, Counsel for the applicant.

      Shri A.K. Nirankari, Counsel for the State.

      Case diary is available.

      This sixth application under Section 439 of Cr.P.C. has been

filed for grant of bail. The fifth application was dismissed by order

dated 25.01.2022 passed in M.Cr.C. No.2012/2022.

      The applicant has been arrested on 09.07.2021 in connection

with Crime No.561/2021 registered by Police Station - Ambah Distt.

Morena for offence punishable under Sections 307, 323, 294, 506,

147, 148, 149 of IPC.

      According to the prosecution case, a free fight took place

between the parties and, accordingly, a cross case bearing Crime No.

564/2021 is also registered. The applicant is alleged to have assaulted

Mukesh by means of a knife. Corresponding injuries on the hand of

Mukesh have also been found. However, it is submitted that the

applicant is in jail from 09.07.2021, i.e., approximately six 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 Counsel

for the respondent/State.

THE HIGH COURT OF MADHYA PRADESH MCRC-5493-2022 Dhara Singh Vs. State of MP Heard the learned counsel for the parties.

Considering the facts and circumstances of the case as well as

period of detention 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

Abhi ABHISHEK CHATURVEDI 2022.02.04 17:37:44 +05'30'