Sanjay vs The State Of Madhya Pradesh
2022 Latest Caselaw 2311 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 8713/2022
                 (SANJAY Vs STATE OF MADHYA PRADESH)

Gwalior, Dated : 18/02/2022

      Shri Pradeep Katare, 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 02.01.2022 in connection

with Crime No.3/2022 registered by Police Station - Malanpur,

district Bhind, for offence punishable under Sections 307, 294, 506

Part II, 34 of IPC.

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

the prosecution case, some hot talk took place between the parties on

the issue of report lodged by complainant party on earlier occasion.

The co-accused Keshav took out a country made pistol and fired a

gunshot causing injury on the left thigh of the injured Atiram. It is

further alleged that the co-accused Dharamveer also fired a gunshot in

air and when the nearby persons came rushing to the place of incident,

all the accused persons ran away. It is submitted that there is no

allegation of carrying any firearm or firing any gunshot against the

applicant. In fact no overt act has been alleged against the applicant.

The applicant is in jail from 02.01.2022 i.e. more than one month. The

trial is likely to take sufficiently long time and there is no possibility

of his absconding or tampering with prosecution case. The applicant
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                                 THE HIGH COURT OF MADHYA PRADESH
                                              MCRC No. 8713/2022
                                      (SANJAY Vs STATE OF MADHYA PRADESH)

                       has no criminal history.

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

                       respondent/State. By referring to the MLC of Atiram, it is submitted

that he had sustained only one gunshot injury i.e. one entry wound and

one exit wound.

Heard the learned counsel for the parties.

Considering the period of detention as well as role assigned to

the applicant and 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 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 16:58:07 +05'30'