Sandeep Singh vs The State Of M.P.
2022 Latest Caselaw 922 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.2812/2022 Sandeep Singh v. State of M.P

Through video conferencing

Gwalior, Dated: 19.01.2022

Shri Ankur Tiwari, 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 12.11.2021 in connection

with Crime No.152/2020 registered at Police Station Ater Distt.

Bhind for offence under Sections 323, 294, 506 and 34 of IPC.

Further added Section 326 of IPC.

It is submitted by the counsel for the applicant that according

to the prosecution case, the applicant had assaulted on the face of the

complainant by blunt side of an axe. The applicant is in jail for the

last more than two months. In view of criminal antecedents, he is

ready and willing to abide by any stringent condition which may be

imposed by this Court. The Trial is likely to take sufficiently long

time and there is no possibility of his absconding or tampering with

the prosecution case. It is submitted that in the wake of third wave of

Covid-19 pandemic, his prayer for bail may be considered

sympathetically.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that applicant had assaulted on

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.2812/2022 Sandeep Singh v. State of M.P

the face of the injured from the blunt side of the axe. He has also

suffered fracture. It is further submitted that applicant has criminal

history and two more offences under Sections 323 of IPC were

registered.

Considering the period of detention, and in view of third wave

of Covid-19 pandemic, 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 Ater, District Bhind on 1 st and 15th of every

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

ABDUR RAHMAN 2022.01.20 10:56:17 +05'30'