Edalsingh Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 1715 MP

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          THE HIGH COURT OF MADHYA PRADESH
                        MCRC No.6688/2022
                 Edalsingh Gurjar vs. State of M.P.

                    Through Video Conferencing

Gwalior, Dated : 07/02/2022

      Shri Ravi Dwivedi, Counsel for the applicant.

      Shri Rajeev Upadhyay, Counsel for the respondent/State.

Case diary is available.

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

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

dated 6.12.2021 passed in M.Cr.C.No.58158/2021.

The applicant has been arrested on 20.9.2021 in connection with

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

Gwalior for offence under Sections 147, 148, 149, 307, 294 and 506

of IPC.

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

the prosecution case, the applicant and the co-accused Ravi had

assaulted the injured Dharmvir resulting in fracture of ulna bone. The

case of the applicant is identical to that of Ravi Singh Gurjar who has

been granted bail by this Court by order dated 1.2.2022 passed in

M.Cr.C.No.5205/2022. It is further submitted that on the report of the

applicant, cross-case No.611/2021 has been registered against the

complainant party for offence under Sections 147, 148, 149, 307, 323,

294, 506 of IPC. The applicant is in jail for the last 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.6688/2022 Edalsingh Gurjar vs. State of M.P.

prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the respondent/State. However, it is fairly conceded that

the assault made by the applicant by an iron rod on the hand of

Dharmvir resulted in fracture of ulna bone. However, it is submitted

that the applicant has a criminal history and one more offence was

registered but he has already been acquitted.

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 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 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

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) Judge (alok)

ALOK KUMAR 2022.02.08 10:37:05 +05'30'