Bohare Alias Brajkishore Singh ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 9356 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 11th OF JULY, 2022

               MISC. CRIMINAL CASE No. 32589 of 2022

        Between:-
        BOHARE ALIAS BRAJKISHORE SINGH GURJAR
        S/O SH. GANDHARV SINGH, AGED ABOUT 40
        YEAR S , OCCUPATION: AGRICULTURIST, R/O
        VILLAGE PALIYA, POLICE STATION AND
        TEHSIL GOHAD, DISTRICT BHIND (MADHYA
        PRADESH)

                                                                   .....APPLICANT
        (BY SHRI ANAND PUROHIT-ADVOCATE)

        AND

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

                                                                .....RESPONDENT
        (BY SMT. ANJALI GYANANI-PUBLIC PROSECUTOR)

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

Case diary is available.

This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed as withdrawn by order dated 04.04.2022 passed in M.Cr.C. No.15928/2022.

The applicant has been arrested on 21.02.2022 in connection with Crime No.300/2021 registered by Police Station Gohad Chouraha, District Bhind, for offence punishable under Sections 341, 327, 329, 323, 294, 506 of IPC.

It is submitted by the counsel for the applicant that the first application of

applicant was dismissed by order dated 04.04.2022 passed in M.Cr.C. No.15928/2022. However, his prayer for bail may be considered sympathetically in the light of the period of detention. According to the prosecution case, the applicant and co-accused stopped the complainant and his father and demanded money for purchasing liquor and when it was not paid by them, then they were assaulted by axe and lathi. The allegations against the applicant are that he had assaulted by axe on the left hand of Mahendra causing fracture of fourth and fifth metacarpal bone. It is submitted that applicant is in jail for more than four and a half months. The co-accused Brajendra has been granted bail by order dated 11.03.2022 passed in M.Cr.C. No11590/2022. The

trial is likely to take sufficiently long time and there is no possibility of his absconding and tampering with prosecution case.

Per contra, the application is opposed by the counsel for the respondent/State. It is further submitted that applicant has a criminal history and one more offence under Section 323, 294, 506 of IPC was registered against him.

Heard the learned counsel for the parties.

Considering the 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 the 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 & Ors. vs. State of M.P. passed on 18/3/2021 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 Aman

AMAN TIWARI 2022.07.11 19:30:39 +05'30'