Chanda Gadariya vs The State Of Madhya Pradesh
2022 Latest Caselaw 10088 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 21st OF JULY, 2022

       MISCELLANEOUS CRIMINAL CASE No. 35776 of 2022

        Between:-
        CHANDA GADARIYA D/O SHRI VIJAYRAM
        GADARIYA, AGED -28 YEARS, OCCUPATION-
        NOTHING, R/O   VILLAGE MODAN, POLICE
        STATION   BHONTI,  DISTRICT  SHIVPURI
        (MADHYA PRADESH)

                                                               .....PETITIONER
        (BY SHRI RAJIV JAIN - ADVOCATE)

        AND

        STATE OF MADHYA PRADESH, THROUGH
        POLICE BHONTI, DISTRICT SHIVPURI (MADHYA
        PRADESH)

                                                             .....RESPONDENT
        (BY SHRI P.P.S.VAJEETA - PUBLIC PROSECUTRIX)

      This application coming on for hearing this day, the court passed the
following:
                                   ORDER

Case diary is available.

This ninth repeat application filed under Section 439 of Cr.P.C. for grant of bail. Eighth bail application was dismissed by order dated 24/09/2021 passed in MCRC No.47337/2021.

The applicant has been arrested on 14/12/2016 in connection with Crime No.42/2016 registered by Police Station Bhonti, District Shivpuri for offence punishable under Sections 307/34 of IPC r/w Section 11/13 of MPDVPK Act and 25/27 of Arms Act.

It is submitted by the counsel for the applicant that after the rejection of the last bail application of the applicant, this Court by order dated 12/07/2022 passed in MCRC No.32747/2022 has granted bail to co-accused Bhoja @ Bhujwal on the ground of delay. The case of the applicant is identical. 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. However, it is fairly conceded that the reasons assigned by this Court in the case of Bhoja @ Bhujwal are also applicable to the present applicant.

Considering the facts and circumstances of the case as well as

maintaining the parity the application filed by the applicant is hereby 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.

It is further directed that the applicant shall appear before the S.H.O. Police Station Bhonti, District Shivpuri on 1st 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 & Ors. 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 rule.

(G.S. AHLUWALIA) JUDGE Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.07.21 16:58:34 -07'00'