Jagmohan Baghel vs The State Of Madhya Pradesh
2022 Latest Caselaw 1051 MP

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            THE HIGH COURT OF MADHYA PRADESH
                      MCRC No.3581/2022
                 Jagmohan Baghel vs. State of M.P.

                      Through video conferencing

Gwalior, Dated : 21/01/2022

       Shri Pradeep Katare, Counsel for the applicant.

       Shri Awadhesh Parashar, Panel Lawyer for the respondent/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 30.12.2021 in connection with

Crime No.664/2021 registered at Police Station City Kotwali, District

Bhind for offence under Sections 336, 323, 294, 506, 427 of IPC and

under Sections 25, 27 of the Arms Act.

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

had let out the roof of his house for installing mobile tower of Jio

Company. It is alleged that at about 10:30 PM, the technicians of

company came to the house of the applicant in order to remove the defect

in the tower. At that time the applicant started abusing them by alleging

that the complainant has come to harass him in the night. It is alleged that

when the complainant asked him not to behave in such a manner, then

the applicant gave a blow on the head of the complainant by means of an

iron rod. When Anshu Tiwari came to rescue, then he too was assaulted

by iron rod. It is alleged that the applicant also fired 2 to 3 gunshots in

air. It is submitted that in fact a pure case of civil dispute has been given

colour of criminal case. If the company is of the view that it can

THE HIGH COURT OF MADHYA PRADESH MCRC No.3581/2022 Jagmohan Baghel vs. State of M.P.

inspect the tower at any time without any hindrance, then the

applicant is ready to terminate the contract. The applicant is in jail

from 30.12.2021. The trial is likely to take sufficiently long time and

there is no possibility of his absconding or tampering with the

prosecution case.

Per contra, the application is vehemently opposed by the counsel

for the respondent/State. It is fairly conceded by the counsel for the State

that the applicant has no criminal antecedents.

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.

This order shall remain effective till the end of 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 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)
 (alok)                                                                   Judge


ALOK KUMAR
2022.01.22 12:51:52 +05'30'