Ramcharan vs The State Of Madhya Pradesh
2022 Latest Caselaw 1636 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.6277/2022
             (RAMCHARAN VS. STATE OF M.P.)

                     Through Video Conferencing

Gwalior, Dated : 04/02/2022

       Shri Shailendra Dwivedi, learned counsel for the applicant.

       Shri C.P.Singh, learned 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 11/05/2021 in connection

with Crime No.77/2021 registered by Police Station Jamner, District

Guna for offence punishable under Sections 326, 436, 294, 323, 324,

506 and 34 of IPC.

       It is submitted by the counsel for the applicant that according

to the prosecution case, the applicant had assaulted the injured

Mukesh on his head by a Farsi and also set the houses of Komal

Singh, Ranglal and Nepal Singh on fire, as a result extensive damage

was caused to their belongings. The applicant is in jail from

11/05/2021

i.e. more than 8 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. It is submitted that the applicant had not only

assaulted complainant Mukesh, but also set the houses of Mukesh,

THE HIGH COURT OF MADHYA PRADESH MCRC No.6277/2022 (RAMCHARAN VS. STATE OF M.P.)

Komal Singh, Ranglal and Nepal Singh on fire causing loss of rupees

more than Rs.2,00,000/-, which is evident from the Nuksani

Panchnama. Furthermore, the applicant has a criminal history and

three more cases were registered against him, including one under

Section 307 of IPC.

Considering the period of detention as well as considering the

extent of loss cause to Komal Singh, Ranglal and Nepal Singh as

well as Mukesh, this Court is of the considered opinion that the

applicant can be granted bail only on stringent condition.

Accordingly, it is directed that in case, if the applicant deposits an

amount of Rs.2,00,000/- without any prejudice to his defence and 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.

The deposit of an amount of Rs.2,00,000/- shall be

condition precedent for release of the applicant. It is made clear

that the said amount shall be distributed amongst the victims as

per the loss sustained by them. It is made clear that this deposit

of amount is without any prejudice to the defence of the

THE HIGH COURT OF MADHYA PRADESH MCRC No.6277/2022 (RAMCHARAN VS. STATE OF M.P.)

applicant. The amount in favour of the victims shall be released

only after obtaining undertaking from them that in case, if the

applicant is acquitted, then the amount so released in their favour

shall be returned by them.

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

regarding grant of bail be sent to the complainant.

With aforesaid observation, the application is allowed.

Certified copy as per rules.

                                                                 (G.S. Ahluwalia)
Pj'S/-                                                                 Judge
    Digitally signed by
    PRINCEE BARAIYA
    Date: 2022.02.04
    15:05:47 -08'00'