Dinesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1258 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.4351/2022 (Dinesh Jatav Vs. State of M.P.)

Through video conferencing

Gwalior, Dated: 27.01.2022

Shri B.S. Gour, Counsel for the applicant.

Shri C.P. Singh, Counsel for the State.

Case diary is available.

This second application under Section 439 of Cr.P.C. has been

filed for grant of bail. First application was dismissed as withdrawn

by order dt.26.10.2021 passed in M.Cr.C. No.52475/2021.

The applicant has been arrested on 06.07.2021 in connection

with Crime No.82/2021 registered at Police Station Indar, Distt.

Shivpuri (M.P.) for offence under Sections 324, 323, 294, 341, 506,

325, 326/34 of IPC.

It is submitted by the counsel for the applicant that the

applicant is in jail for last more than six months. According to the

prosecution case the applicant has given a solitary axe blow on the

head of the injured causing injury on his head, which also resulted in

multiple fractures. However, in view of the period of detention

coupled with the fact that the applicant has no criminal history, his

application for grant of bail may be considered. 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.4351/2022 (Dinesh Jatav Vs. State of M.P.)

counsel for the State. However, it is fairly conceded that the applicant

has no criminal history.

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.

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) Judge Shanu

Digitally signed by SHANU RAIKWAR Date: 2022.01.27 17:10:11 -08'00'