Adesh Pandeya vs The State Of Madhya Pradesh
2022 Latest Caselaw 924 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.1012/2022 Aadesh Pandey v. State of M.P

Through video conferencing

Gwalior, Dated: 19.01.2022

Shri Ayush Saxena, Counsel for the Appellant.

Ms. Kalpana Parmar, 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. Previous application was dismissed by order

dated 5.10.2021 in M.Cr.C. No. 49428/2021.

The applicant has been arrested on 27.08.2021 in connection

with Crime No.200/2021 registered at Police Station Hazeera Distt.

Gwalior for offence under Sections 307, 294, 34 of IPC.

The first bail application of the applicant was decided by the

coordinate bench of this Court. However, on account of transfer of

Hon'ble Judge, the matter has been placed before this Court.

It is submitted by the counsel for the applicant that according

to the prosecution case, the applicant has fired gun shot causing

injury in the abdominal region of the injured. However, other co-

accused persons have been granted bail. Previous application was

rejected with liberty to repeat after charge sheet is filed. Police after

completing the investigation has filed the charge sheet. No repeated

gun shots were fired. It is submitted that in view of criminal

antecedents, the applicant is ready and willing to abide by any

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.1012/2022 Aadesh Pandey v. State of M.P

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.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that although the incident took

place on 24.4.2021, but the applicant immediately absconded and

could be arrested on 27.08.2021. Even the reward of Rs. 3,000/- was

also declared. The applicant has a criminal history and one more

offence under Sections 323, 506, 34 IPC have been registered against

him.

Considering the period of detention as well as in the wake of

third wave of Covid-19 pandemic where decongestion of jail is also

essential, and 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 Hazeera, District Gwalior 1st 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

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.1012/2022 Aadesh Pandey v. State of M.P

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 10:59:44 +05'30'