Jitendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 8802 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. 32005 of 2022

       Between:-

       JITENDRA S/O SHRI ARJUN SINGH,
       AGED 22 YEARS, OCCUPATION
       AGRICULTURE,    R/O VILLAGE
       VICHHOLI, PS PAWAI, DISTRICT
       BHIND (MADHYA PRADESH)

                                                                ........APPLICANT

       (BY SHRI RAM KISHOR SHARMA - ADVOCATE)

       AND

       STATE OF MADHYA PRADESH
       THROUGH    POLICE   STATION
       GOHAD CHAURAHA, DISTRICT
       BHIND (MADHYA PRADESH)

                                                             ........RESPONDENT

        (BY SHRI LOKENDRA SHRIVASTAVA - PUBLIC
PROSECUTOR)
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       This application coming on for hearing this day, the Court passed
the following:
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                                 ORDER

Case Diary is available.

This first application under Section 439 of CrPC has been filed for grant of bail.

The applicant has been arrested on 03.06.2022 in connection with Crime No.08/2022 registered at Police Station Gohad Chauraha, District Bhind for the offence under Sections 341, 323, 294, 506, 365, 377, 34 of IPC and Section 11/13 of MPDVPK Act.

It is submitted by the counsel for the applicant that on 07.01.2022 the complainant lodged an FIR that at about 01:30 in the afternoon, the complainant and his friend Megh Singh were going in a car to Gohad in order to meet certain officers. As soon as they reached near Booti Kuiya, their car was over taken by the co-accused Kamal Nagar. The applicant and Pawan Arya came in another vehicle and forced him to deboard his car. They took him to village Dang, where he was beaten by lathi, as a result, he sustained injuries. It is submitted that the complainant was subjected to medical examination and only one swelling in upper eyelid, contusion on both side of forehead and abrasion on knee were found and had also complained pain in right thumb, but no external injury was seen. It is submitted that after one and half month, complainant improved his version and claimed that finger was inserted in his anus and videograph was also prepared. It is submitted that the allegation of putting finger in his anus is nothing, but with an intention to make the offence serious. No video has been seized by the police. Even the allegation of making video is false. Number of injuries found on the body of the complainant clearly indicate that the allegation of mercilessly beating by the accused persons

is false. He is in jail for the last one month. The Trial is likely to take sufficiently long time.

Per contra, the application is vehemently opposed by the counsel for the State. It is fairly conceded that the police could not seize any video and the applicant has no criminal history.

Considering the facts and circumstances of the case, 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.

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.

Certified copy as per rules.

(G.S. AHLUWALIA) JUDGE Abhi ABHISHEK CHATURVEDI 2022.07.01 20:04:36 +05'30'