Shyam Singh Alias Shyamu vs The State Of Madhya Pradesh
2022 Latest Caselaw 2395 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-9119-2022 Shyam Singh alias Shyamu Vs. State of MP

Gwalior, Dated : 21/02/2022

Shri Rajmani Bansal, Counsel for the applicant.

Shri Lokendra Shrivastava, Counsel for the State.

Case Diary is available.

This first application under Section 439 of CrPC has been field

for grant of bail.

The applicant has been arrested on 20.01.2022 in connection

with Crime No.153/2021 registered at Police Station Dimni Distt.

Morena for offence under Sections 323, 327, 294, 506-B/34 of IPC.

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

the prosecution case, on 03.08.2021 the applicant and co-accused had

demanded Rs.5,000/- from the complainant for purchasing liquor and

when it was refused by him, then not only he was abused filthily but

he was dragged out from the Jeep and the applicant gave a lathi blow

on his left leg and other co-accused persons assaulted him by fists and

blows. It is submitted that the applicant is in jail from 20.01.2022. The

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

of his absconding or tampering with the prosecution case. However, it

is submitted that in view of the 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 MCRC-9119-2022 Shyam Singh alias Shyamu Vs. State of MP

counsel for the State. It is submitted that the applicant has a criminal

history and five more criminal cases have been registered against him.

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 Dimni, 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

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.02.21 17:29:36 +05'30'