Bhoopat Singh Maina vs The State Of Madhya Pradesh
2022 Latest Caselaw 8793 MP

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

      MISCELLANEOUS CRIMINAL CASE NO.29676 OF 2022

       Between:-

       BHOOPAT SINGH MAINA S/O SHRI
       UMRAO SINGH MAINA, AGED
       ABOUT - 35 YEARS, OCCUPATION
       - FARMER, R/O- VILLAGE -
       JAMUNIYA, POLICE STATION -
       TYONDA, DISTRICT - VIDISHA
       (MADHYA PRADESH).
                                                                ........APPLICANT

       (BY SHRI M.L. TOMAR - ADVOCATE)

       AND

      STATE OF MADHYA PRADESH
      THROUGH POLICE STATION -
      TYONDA,   DISTRICT VIDISHA
      (MADHYA PRADESH).
                                                             ........RESPONDENT

        (BY SHRI A.K. NIRANKARI - PUBLIC PROSECUTOR)
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       This application coming on for hearing this day, the Court passed
the following:
                                       ORDER

Case diary is available.

This third application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed as withdrawn by order dated 11/4/2022 passed in M.Cr.C. No.17814/2022.

The applicant has been arrested on 31/12/2021 in connection with Crime No.326/2021 registered at Police Station Tyonda, District Vidisha for offence under Sections 307, 323, 324, 325, 506, 147, 148 and 149 of IPC.

It is submitted by the counsel for the applicant that according to the prosecution case, a free-fight took place between two parties on the question of taking possession of Government Land. Both the parties have suffered injuries. The applicant is in jail for the last more than six and half months. 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 although the previous bail application of the applicant has been dismissed on merits but in view of period of detention, his prayer for grant of bail may be considered sympathetically.

Per contra, the application is vehemently opposed by the counsel for the State. However, it is fairly conceded that on the question of taking a tractor from the field, there was a free-fight between both the parties. It is further submitted that the applicant has a criminal history and four more criminal cases were registered against him.

Considering the facts and circumstances of the case, 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 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.

The application is allowed.

(G.S. AHLUWALIA) JUDGE Arun* ARUN KUMAR MISHRA 2022.07.01 19:08:51 +05'30'