Vinod @ Vinnu vs The State Of Madhya Pradesh
2022 Latest Caselaw 7576 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 6th OF JUNE, 2022

                 MISC. CRIMINAL CASE No. 22236 of 2022

         Between:-
1.       VINOD @ VINNU S/O RAMDULARE , AGED
         ABOUT 25 YEARS, OCCUPATION: KHETI VILL.
         SIHONIYA PS SIHONIYA (MADHYA PRADESH)

2.       DABBU @ PARTH S/O RAMROOP TOMAR ,
         AGED   ABOUT    22  YEARS, OCCUPATION:
         AGRICULTURIST VILLAGE SIHONIYA , PS
         SIHONIYA (MADHYA PRADESH)

                                                            .....APPLICANTS
         (BY SHRI H.S. RANA - ADVOCATE)

         AND

         THE STATE OF MADHYA PRADESH INCHARGE
         POLICE STATION P.S. SIHONIYA (MADHYA
         PRADESH)

                                                           .....RESPONDENT
         (SHRI LOKENDRA SHRIVASTAVA - PUBLIC PROSECUTOR AND
         SHRI AMAN AGRAWAL - ADVOCATE FOR THE COMPLAINANT)

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

following:
                                    ORDER

Case diary is available.

This first application under Section 439 of Cr.P.C has been filed for grant of bail.

The applicant has been arrested on 22.04.2022 in connection with Crime No.84/2022 registered at Police Station Sihoniya, District Morena for offence under Sections 323, 327, 294, 506 and 34 of IPC.

I t is submitted by the Counsel for the applicant that according to the prosecution case, the applicants demanded money for purchasing liquor. When it was refused by the complainant, he was beaten after throwing him on the ground. It is submitted that the allegation of demanding money has been made in order to make the offence non-bailable. They are in jail for the last more than one month. In view of criminal antecedents, they are ready and willing to abide by any stringent condition which may be imposed by the Court. The trial is likely to take sufficiently long time and there is no possibility of their absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the Counsel for the

respondent/State as well as the complainant. It is submitted by Shri Shrivastava that the applicants have a criminal history. Applicant No. 1 has four more criminal cases to his credit whereas applicant No. 2 has five criminal cases to his credit. However, it is fairly submitted that except one offence under Section 307 of IPC which was registered against applicant No. 2 no other offence was ever registered against any of the applicants for heinous offence. It is further submitted that the complainant has sustained three contusions on different parts of his body.

Considering the period of detention, without commenting on the merits of the case, the application is allowed. It is directed that the applicants be released on bail on each of them 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.

Application is allowed.

(G.S. AHLUWALIA) V. JUDGE AKS

ALOK KUMAR 2022.06.06 18:42:05 +05'30' 11.0.23