Ghanshyam Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 2314 MP

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           THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 8735/2022
         (GHANSHYAM SINGH Vs STATE OF MADHYA PRADESH)

Gwalior, Dated : 18/02/2022

      Shri Dharmendra Sharma, Counsel for applicant.

      Shri Lokendra Shrivastava, Counsel for 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 24.12.2021 in connection

with Crime No.126/2021 registered at Police Station Endori, District

Bhind for offence under Sections 294, 394, 506B of IPC and under

Section 11, 13 of MPDVPK Act.

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

the prosecution case, the applicant and co-accused went to a liquor

shop and started abusing the complainant and also assaulted him. It is

also alleged that an amount of Rs.12,000/- and one carton of country

made liquor was also taken away. It is submitted that the applicant has

been falsely implicated. The applicant is in jail from 24.12.2021. 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 co-accused Arvind Singh has been granted bail by this

Court by order dated 21.01.2022 passed in M.Cr.C. No.3479/2022.

Applicant has no criminal history.

      Per contra, the application is vehemently opposed by the

counsel for the respondent/State.

THE HIGH COURT OF MADHYA PRADESH MCRC No. 8735/2022 (GHANSHYAM SINGH Vs STATE OF MADHYA PRADESH)

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.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Endori, District Bhind 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

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                                                (G.S. Ahluwalia)
Aman                                                                                Judge
 AMAN TIWARI
 2022.02.18 16:57:29
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