Sunil Dhakad vs The State Of Madhya Pradesh
2022 Latest Caselaw 9476 MP

                                 1
         IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                            BEFORE
         HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                        ON THE 12th OF JULY, 2022

            MISC. CRIMINAL CASE No. 33978 of 2022

       Between:-
       SUNIL DHAKAD S/O SHRI RAGHUVEER
       DHAKAD, AGED 26 YEARS, OCCUPATION:
       PRIVATE JOB, R/O VILLAGE MOHANPURA,
       POLICE STATION GASWANI, TEHSIL
       VIJAYPUR, DISTRICT SHEOPUR (MADHYA
       PRADESH)

                                                         .....APPLICANT
       (BY SHRI IMRAN KHAN-ADVOCATE)

       AND

       THE STATE OF MADHYA PRADESH
       THROUGH POLICE STATION GASWANI,
       DISTRICT SHEOPUR (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 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 The second application was dismissed as withdrawn by order dated 10.11.2020 passed in M.Cr.C.No.43482/2020.

The applicant has been arrested on 07.04.2020 in connection with Crime No.20/2020 registered at Police Station Gaswani, District Sheopur for offence under Sections 302, 294, 34 of IPC.

It is submitted by the counsel for the applicant that the applicant is in jail for the last more than two years and two months. It is submitted that although the bail application of the co-accused Smt. Bhagwati Dhakad was rejected by order dated 17.1.2022 passed in M.Cr.No.2398/2022 and the bail applications of other co-accused persons have also been rejected but the prayer for bail may be considered by considering the fact that only allegation against the applicant is that he had caught hold the deceased and the co-accused Raghuvir assaulted the deceased by an axe. There is no allegation that the applicant in any manner assaulted the deceased. Whether the applicant has been rightly implicated or not is yet to be decided by the Trial Court. Looking to the allegations and period of detention, application

for bail may be considered sympathetically. It is further submitted that co- accused-Lovekush has been granted bail by this Court by order dated 23.06.2022 passed in M.Cr.C. No.30214/2022.

Per contra, the application is vehemently opposed by the counsel for the respondent/State.

Considering the period of detention as well as nature of allegations leveled against the applicant, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum o f 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 Aman AMAN TIWARI 2022.07.12 17:09:56 +05'30'