Bhanupratap Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1762 MP

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           THE HIGH COURT OF MADHYA PRADESH
                      M.Cr.C 2239/2022
               Bhanupratap Singh v. State of MP.

                      Through video conferencing

Gwalior, Dated: 08.02.2022

       Shri D.S.Parihar, Counsel for the appellant.

       Shri C.P. Singh, 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 29.12.2021 in connection

with Crime No.163/2021 registered at Police Station Ambah Distt.

Morena for offences under Sections 327, 323, 294, 506, 34 of IPC,

further added Section 329 of IPC.

       It is submitted by the counsel for the applicant that according

to the prosecution case, the applicant demanded an amount of Rs.

500/-for purchasing liquor and when it was refused by the

complainant, then he was beaten by the applicant and the co-accused

as a result he sustained injuries. The applicant is in jail from

29.12.2021

i.e. more than one and half month. The Trial is likely to

take sufficiently long time and there is no possibility of his

absconding or tampering with the prosecution case. It is further

submitted that in view of criminal antecedents, he is ready and

willing to abide by any stringent condition which may be imposed by

this Court.

Per contra, the application is vehemently opposed by the

THE HIGH COURT OF MADHYA PRADESH M.Cr.C 2239/2022 Bhanupratap Singh v. State of MP.

counsel for the State. By referring to the MLC, it is submitted that

three contusions and one abrasion was found on the body of the

injured. As per the x-ray report, bony injury was seen in x-ray plate,

but he fairly conceded that the details of the fractured bone have not

been given in the x-ray report. It is further submitted that apart from

the present case, two more offences were registered against the

applicant for offences under Sections 451, 323, 294, 506-B, 34 of

IPC and under Sections 324, 323, 294, 506, 341, 34 of IPC.

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 Ambah, District Morena 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 M.Cr.C 2239/2022 Bhanupratap Singh v. State of MP.

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. Ahluwalia) Judge ar

ABDUR RAHMAN 2022.02.08 17:06:04 +05'30'