Vinod vs The State Of Madhya Pradesh
2022 Latest Caselaw 109 MP

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           THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.64583/2021
                    Vinod vs. State of M.P.

Gwalior, Dated : 03/01/2022

       Shri Sushil Goswami, Counsel for the applicant.

       Shri    Rajeev    Upadhyay,     Public    Prosecutor    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 8.11.2021 in connection with

Crime No.295/2021 registered at Police Station Khaniyadhana,

District Shivpuri for offence under Sections 307, 294, 147, 148 of

IPC.

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

the prosecution case, the complainant who is an employee of a

Contractor was on patrolling in the dam. It was found that some

thieves were illegally fishing in the dam and when they were asked not

to do so, then the applicant as well as other co-accused persons

jumped on to the steamer of the complainant and after assaulting them,

threw them in the dam. It is submitted that except Vinod no other

person had suffered any external injury. The applicant is in jail for the

last about 55 days. In view of the criminal antecedents of the

applicant, he is ready and willing to abide by any stringent condition,

which may be imposed by this Court and the applicant also undertakes

to stay away from the dam and would not involve himself in the theft

THE HIGH COURT OF MADHYA PRADESH MCRC No.64583/2021 Vinod vs. State of M.P.

of fishes. This Court has granted bail to the co-accused Brajesh and

Gabbar Singh by orders dated 23.9.2021 and 22.12.2021 passed in

M.Cr.C.No.47123/2021 and M.Cr.C.No.62926/2021 respectively. 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 State. It is submitted that the applicant is specifically

named in the FIR. The allegations are that they were illegally fishing

in the dam and when it was objected by the employees of the

Contractor, not only they were beaten and they were also thrown in the

dam with a solitary intention to kill them. It is further submitted by the

counsel for the State that the applicant has a criminal history and three

more criminal cases have been registered against him.

Considering the nature of allegations as well as period of

detention 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) 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 Khaniyadhana, District Shivpuri on 1st of

every month during the pendency of the Trial. In case of bail jump or

THE HIGH COURT OF MADHYA PRADESH MCRC No.64583/2021 Vinod vs. State of M.P.

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

(alok)

ARUN KUMAR MISHRA 2022.01.03 14:38:33 +05'30'