Citation : 2022 Latest Caselaw 1631 MP
Judgement Date : 4 February, 2022
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THE HIGH COURT OF MADHYA PRADESH
MCRC No.5999/2022
(Sukhveer Kaurav Vs. State of M.P.)
Through video conferencing
Gwalior, Dated: 04.02.2022
Shri Vinod Kumar Sharma, Counsel for the applicant.
Shri Lokendra Shrivastava, Counsel for the State.
Case diary is available.
This first application under Section 439 of Cr.P.C. has been
filed for grant of bail.
The applicant has been arrested on 31.12.2021 in connection
with Crime No.699/2021 registered at Police Station Gola Ka
Mandir, Distt. Gwalior for offence under Sections 307, 34 of IPC.
It is submitted by the counsel for the applicant that according
to the prosecution case, on 26.12.2021 complainant was going to the
shop of Chawala Chicken along with his friend to purchase the food.
It is alleged that co-accused Himanshu Sharma on the question of old
enmity fired at him causing injury on the ankle of his left leg. The
applicant and coaccused Dinesh Gurjar were instigating that the
complainant should be killed. It is submitted that the applicant has
been falsely implicated. In fact, a self-inflicted injury on his own
ankle has been caused by the complainant. Even otherwise, there is
no allegation of firing against him. However, in view of the criminal
antecedents, he is ready and willing to abide by any stringent
condition, which may be imposed by the Court. It is further
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THE HIGH COURT OF MADHYA PRADESH
MCRC No.5999/2022
(Sukhveer Kaurav Vs. State of M.P.)
submitted that the co-accused Dinesh Gurjar has already been
granted bail by this Court by order dt.24.01.2022 passed in M.Cr.C.
No.4347/2022.
Per contra, the application is vehemently opposed by the
counsel for the State. It is submitted that the applicant has a criminal
history and six more criminal cases were registered against him.
Considering the facts and circumstances of the case, 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.
It is further directed that the applicant shall appear before the
S.H.O. Police Station Gola Ka Mandir, District Gwalior on 1st of
every month during the pendency of the Trial. In case of bail jump
or non-appearance of the applicant before the police station as
directed by this Court, this order shall lose its effect.
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
18.03.2021
in Criminal Appeal No. 329/2021, the intimation
THE HIGH COURT OF MADHYA PRADESH MCRC No.5999/2022 (Sukhveer Kaurav Vs. State of M.P.)
regarding grant of bail be sent to the complainant.
Certified copy as per rules.
(G.S. Ahluwalia) Judge Shanu Digitally signed by SHANU RAIKWAR Date: 2022.02.04 15:13:11 -08'00'
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