Akash Jha vs The State Of Madhya Pradesh
2022 Latest Caselaw 775 MP

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                              THE HIGH COURT OF MADHYA PRADESH
                                       M.Cr.C. No.1107/2022
                                     Akash Jha Vs. State of M.P.

                                    Through Video Conferencing
                   Gwalior, Dated: 17/01/2022

                          Shri Arun Pateriya, Counsel for the applicant.

                          Shri Naval Gupta, Counsel for the 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 4/10/2021 in connection

                   with Crime No.529/2021 registered at Police Station Kampoo,

                   District Gwalior for offence under Sections 307, 34 of IPC.

                          It is submitted by the counsel for the applicant that according

                   to the prosecution case, the injured had an old enmity with Subham

                   Rajoriya and accordingly, on 30/9/2021 Subham Rajoriya alongwith

                   his two companions came on a motorcycle and fired gunshot which

                   hit on the chest and left hand of the injured, whereas another accused

                   fired another gunshot which caused injury below the left leg and left

                   hand. The third person who was alongwith Subham Rajoriya was

                   sitting on the motorcycle and after causing injury to the complainant,

                   they escaped from the spot. It is submitted that the applicant was put

                   for test identification parade and he has not been identified by the

                   complainant. The applicant has been implicated only on the basis of

                   memorandum of co-accused, which is not admissible in the light of

                   Sections 25 and 26 of the Evidence Act. The Trial is likely to take

                   sufficiently long time and there is no possibility of his absconding or

ARUN KUMAR
MISHRA
18.01.2022

11:02

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.1107/2022 Akash Jha Vs. State of M.P.

tampering with the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State. However, after going through the police case

diary, it is fairly conceded that except the memorandum of co-

accused, there is no other admissible evidence against the applicant.

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) Judge Arun*

ARUN KUMAR MISHRA 18.01.2022 11:02