Lokendra Singh Kirar vs The State Of Madhya Pradesh
2022 Latest Caselaw 721 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 1934/2022
      (LOKENDRA SINGH KIRAR Vs STATE OF MADHYA PRADESH)

                    Through Video Conferencing

Gwalior, Dated : 14/01/2022

      Shri Surendra Parashar, Counsel for applicant.

      Shri A.P.S. Tomar, 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 11.09.2021 in connection

with Crime No.188/2021 registered by Police Station - Chinor,

District - Gwalior for offence punishable under Section 306 of IPC.

      It is submitted by Counsel for the applicant that in the year

2003, the applicant got married to the deceased. The allegations are

that under the influence of alcohol, the applicant used to beat his wife

on household issues. The applicant is in jail from 11.09.2021. The

trial is likely to take sufficiently long time and there is no possibility

of his absconding or tampering with prosecution case.

      Per contra, the application is vehemently opposed by Counsel

for the respondent/State. By referring to the statement of daughter of

the applicant, it is submitted that the applicant used to beat and abuse

his wife under the influence of alcohol.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case, without

THE HIGH COURT OF MADHYA PRADESH MCRC No. 1934/2022 (LOKENDRA SINGH KIRAR Vs STATE OF MADHYA PRADESH)

commenting on the merits of the case, the application is allowed. It is

directed that the applicant shall be released on bail, in case he

deposits an amount of Rs.5,000/- (Rs. Five Thousand Only) in the

Registry of this Court, which shall be utilized for upgrading the Civil

Dispensary functioning in the Court premises and 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 2022.01.14 17:11:54 +05'30'