Madhya Pradesh High Court
Ramu Alias Rameshwar Singh Tomar vs The State Of Madhya Pradesh on 6 January, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC-657-2022
Ramu alias Rameshwar Singh Tomar Vs. State of MP
Gwalior, Dated : 06.01.2022
Shri Anil Kumar Mishra, Counsel for the applicant.
Shri A.K. Nirankari, Counsel for the State.
Case Diary is available.
This second application under Section 439 of CrPC has been
filed for grant of bail.
The applicant has been arrested on 29.06.2021 in connection
with Crime No.62/2021 registered at Police Station Umari District
Bhind for offence under Sections 307, 294, 506, 34 of IPC and
Section 25, 27 of Arms Act.
It is submitted by the counsel for the applicant that although
first application of the applicant has been considered on merits by
order dated 02.09.2021 passed in M.Cr.C. No.35461/2021, but the
applicant is in jail for the last more than six months. He was never
released on temporary parole in the second wave of Covid-19
Pandemic. It is further submitted that according to the prosecution
case, gunshots were fired on the complainant, but he succeeded in
escaping unhurt. The bail application of the applicant was rejected
mainly on the ground that he has criminal history and as many as 30
criminal cases have been registered against him. It is further
submitted that the applicant undertakes to stay away from the
THE HIGH COURT OF MADHYA PRADESH
MCRC-657-2022
Ramu alias Rameshwar Singh Tomar Vs. State of MP
complainant and he would never come to Bhind without seeking
prior permission from the Superintendent of Police, Bhind. It is
further submitted that in case, if it is found that the applicant has
violated above-mentioned undertaking, then it may also be directed
that the bail shall automatically stand cancelled. 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 while deciding the previous
bail application, this Court had noticed that in one case, the applicant
has already been convicted under Section 307 of IPC and in other
cases, he was acquitted as the witnesses had turned hostile. It is
submitted that thus, it is clear that the witnesses have no courage to
speak against the applicant.
Heard the learned counsel for the parties.
In view of the period of detention as well as in view of the
undertaking given by the counsel for the applicant, the application is
allowed. It is directed that the applicant shall be released on bail on
furnishing cash surety of Rs.3,00,000/- (Rupees Three Lacs Only)
to the satisfaction of the Trial Court/Committal Court to appear
before the Court on the dates given by the concerned Court subject to
THE HIGH COURT OF MADHYA PRADESH
MCRC-657-2022
Ramu alias Rameshwar Singh Tomar Vs. State of MP
furnishing following undertaking before the Trial Court:-
(i) That, the applicant shall not enter within the
limits of District Bhind.
(ii) The applicant shall disclose the address in the
undertaking at which he would reside.
(iii) The applicant shall mark his presence on every
Monday before the SHO of Police Station having territorial
jurisdiction over his new place of residence.
(iv) If the presence of the applicant is required in
order to appear before any Court, then the applicant shall seek
prior permission from the Superintendent of Police, Bhind or
the Trial Court.
(v) In case, if the presence of the applicant is
required in any trial, then he would come to District Bhind in
the morning of the said date and would immediately leave
District Bhind latest by 06:00 PM.
It is made clear that in case of violation of any of the
conditions or in case of registration of new offence, this bail order
shall automatically come to an end and the cash surety so furnished
by the applicant shall automatically stand forfeited without any
reference to the Court and the Court shall immediately take the
THE HIGH COURT OF MADHYA PRADESH
MCRC-657-2022
Ramu alias Rameshwar Singh Tomar Vs. State of MP
applicant in custody.
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.
With aforesaid observations, the application is allowed.
CC as per rules.
(G.S. Ahluwalia)
Judge
Abhi
ABHISHEK
CHATURVEDI
2022.01.07
17:03:45
+05'30'
