Mehtab Singh Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 2309 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 8707/2022
       (MEHTAB SINGH GURJAR Vs STATE OF MADHYA PRADESH)

Gwalior, Dated : 18/02/2022

      Shri Atul Gupta, Counsel for applicant.

      Shri Lokendra Shrivastava, Counsel for State.

      Case diary is available.

      This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

      The applicant has been arrested on 20.09.2021 in connection

with Crime No.610/2021 registered by Police Station Maharajpura,

District Gwalior, for offence punishable under Sections 307, 323, 294,

506, 147, 148, 149 of IPC.

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

prosecution case, a free fight took place between the complainant and

accused party. The applicant is alleged to have assaulted on the head

of Dhundi Singh by an axe. Although corresponding injury has also

been found but the applicant has also sustained injury on his head and

the co-accused persons in the cross case are still absconding. Even

otherwise the applicant is in jail for the last five months. The trial is

likely to take sufficiently long time and there is no possibility of his

absconding or tampering with prosecution case.

      Per contra, the application is opposed by the counsel for the

respondent/State.

Heard the learned counsel for the parties.

Considering the period of detention and without commenting on

THE HIGH COURT OF MADHYA PRADESH MCRC No. 8707/2022 (MEHTAB SINGH GURJAR Vs STATE OF MADHYA PRADESH)

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 the 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 & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2022.02.18 16:55:40 +05'30'