Dharmendra Parihar vs The State Of Madhya Pradesh
2022 Latest Caselaw 1951 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.6442/2022 (Dharmendra Parihar & Anr. Vs. State of M.P.)

Through video conferencing

Gwalior, Dated: 11.02.2022

Shri Romesh Pratap Singh, Counsel for the applicants.

Shri Rajeev Upadhyay, 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 applicants have been arrested on 28.12.2021 in connection

with Crime No.755/2021 registered at Police Station Karera, Distt.

Shivpuri for offence under Sections 452, 323, 427, 294, 506, 34, 458,

324, 459 of IPC.

It is submitted by the counsel for the applicants that according

to the prosecution case, on the enmity of digging bore, the co-

accused Diwan Singh, who was armed with an axe, was abusing the

complainant and his father. At that time the applicant No.2 also came

there alongwith lathi and he also started abusing. On the call given by

the applicant No.2, it is alleged that the co-accused Punjab Singh,

applicant No.1, Mahesh and Jeetu also came on the spot and went

inside the house of the complainant and assaulted the father of the

complainant by fists and blows. Co-accused Mahesh and co-accused

Diwan Singh assaulted him by lathi and axe respectively. When the

sister of the complainant tried to intervene in the matter, then it is

THE HIGH COURT OF MADHYA PRADESH MCRC No.6442/2022 (Dharmendra Parihar & Anr. Vs. State of M.P.)

alleged that the applicant No.1 kicked her and applicant No.2

assaulted by lathi on her hand. Co-accused Diwan Singh assaulted

the complainant by the handle of the axe. It is submitted that so far as

the allegations against the applicants are concerned, it is clear that

they had not used any deadly weapon or not caused any injury on the

vital part of any injured. The applicants are in jail from 28.12.2021.

The Trial is likely to take sufficiently long time and there is no

possibility of their absconding or tampering with the prosecution

case.

Per contra, the application is vehemently opposed by the

counsel for the State.

Considering the facts and circumstances of the case as well as

period of detention, without commenting on the merits of the case,

the application is allowed. It is directed that the applicants be

released on bail on furnishing a personal bond in the sum of

Rs.1,00,000/- (Rupees One Lac) each with one surety in the like

amount each 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.6442/2022 (Dharmendra Parihar & Anr. Vs. State of M.P.)

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 Shanu Digitally signed by SHANU RAIKWAR Date: 2022.02.11 18:06:48 -08'00'