Umesh @ Kalla vs The State Of Madhya Pradesh
2022 Latest Caselaw 996 MP

                              1
            THE HIGH COURT OF MADHYA PRADESH
                     MCRC No.3300/2022
                 Umesh @ Kalla vs. State of M.P.

                     Through video conferencing

Gwalior, Dated : 20/01/2022

       Shri Sushil Goswami, Counsel for the applicant.

       Smt. Padmshri Agrawal, Panel Lawyer for the respondent/State.

Case diary is available.

This second application under Section 439 of Cr.P.C. has been

filed for grant of bail. The first bail application was dismissed as

withdrawn by order dated 4.12.2021 passed in

M.Cr.C.No.58503/2021.

The applicant has been arrested on 08/11/2021 in connection

with Crime No.295/2021 registered at Police Station Khaniyadhana,

District Shivpuri for offence under Sections 307, 294, 147 and 148 of

IPC.

It is submitted by the counsel for the applicant that according to

the prosecution case, the complainant who is an employee of a

Contractor was on patrolling in the dam. It was found that some

thieves were illegally fishing in the dam and when they were asked not

to do so, then the applicant as well as other co-accused persons

jumped on to the steamer of the complainant and after assaulting them,

threw them in the dam. It is submitted that except Vinod, no other

person had suffered any external injury. The applicant is in jail from

8.11.2021. In view of the criminal antecedents of the applicant, he is

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

THE HIGH COURT OF MADHYA PRADESH MCRC No.3300/2022 Umesh @ Kalla vs. State of M.P.

imposed by this Court and the applicant also undertakes to stay away

from the dam and would not involve himself in the theft of fishes. Co-

accused Brajesh and Gabbar Singh have already been granted bail by

this Court by orders dated 23/09/2021 and 23/12/2021 passed in

MCRC Nos.47123/2021 and 62926/2021 respectively. 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 the applicant is specifically

named in the FIR. The allegations are that they were illegally fishing

in the dam and when it was objected by the employees of the

Contractor, not only they were beaten and they were also thrown in the

dam with a solitary intention to kill them. The applicant has a criminal

history and one offence under Sections 188, 389, 379 of IPC was

registered against him.

Considering the nature of allegations as well as period of

detention 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.3300/2022 Umesh @ Kalla vs. State of M.P.

S.H.O. Police Station Khaniyadhana, District Shivpuri on 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 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)
 (alok)                                                         Judge




ALOK KUMAR
2022.01.21 11:01:37 +05'30'