Raju Batham vs The State Of Madhya Pradesh
2022 Latest Caselaw 1048 MP

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          THE HIGH COURT OF MADHYA PRADESH
                         MCRC No. 2985/2022
         (RAJU BATHAM Vs THE STATE OF MADHYA PRADESH)

                    Through Video Conferencing

Gwalior, Dated : 21/01/2022

       Shri Ravindra Singh Rajpoot, Counsel for applicant.

       Shri Avdhesh Parashar, 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 18.11.2021 in connection

with    Crime    No.468/2021      registered   by   Police   Station   -

Visvavidhyalaya, District Gwalior for offence punishable under

Section 306 of IPC.

       It is submitted by Counsel for the applicant that according to

the prosecution case, in the year 2013, the applicant got married to

the deceased. The only allegations are that under the influence of

alcohol, he used to beat and harass the deceased physically as well as

mentally, and therefore, she committed suicide on 03.11.2021. The

applicant is in jail from last more than two months. Whether the act of

harassing the deceased physically or mentally under the influence of

alcohol would be an offence under Section 306 of IPC or not, is yet to

be decided by the Trial Court. The trial is likely to take sufficiently

long time and there is no possibility of his absconding or tampering

with prosecution case.
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                         THE HIGH COURT OF MADHYA PRADESH
                                      MCRC No. 2985/2022
                        (RAJU BATHAM Vs THE STATE OF MADHYA PRADESH)

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

               respondent/State.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case 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 2022.01.22 12:22:36 +05'30'