Shivraj Singh Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 7843 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                                      BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                         ON THE 15th OF JUNE, 2022

      MISCELLANEOUS CRIMINAL CASE NO.24723 OF 2022

       Between:-

       SHIVRAJ SINGH YADAV S/O SHRI
       MUNENDRA SINGH YADAV, AGED
       27 YEARS, R/O - VILLAGE RAYRU
       A.B. ROAD, GWALIOR MADHYA
       PRADESH
                                                                ........APPLICANT

       (BY SHRI VIVEK TANKHA - SENIOR ADVOCATE
       THROUGH VIDEO CONFERENCING WITH SHRI RAJIV
       SHARMA - ADVOCATE)

       AND

      STATE OF MADHYA                      PRADESH,
      THROUGH    POLICE                     STATION
      PADAV   DISTRICT                     GWALIOR
      MADHYA PRADESH.
                                                            ........RESPONDENTS

        (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. Second application was disposed of by order dated 25/4/2022 passed in M.Cr.C. No.19166/2022 and the applicant was granted temporary bail for a period of fifteen days.

The applicant has been arrested on 31/1/2022 in connection with Crime No.59/2022 registered at Police Station Padav, District Gwalior for offence under Sections 147, 148, 149, 186, 307 and 353 of IPC.

It is submitted by the counsel for the applicant that although the first bail application of the applicant has already been dismissed on merits, but the applicant is in jail from 31/1/2022, i.e. approximately five months, although he was released on temporary bail for a period of fifteen days. It is submitted that immediately after the period of fifteen days was over, the applicant has surrendered on 10/5/2022 before the JMFC, Gwalior. It is submitted by the counsel for the applicant that the applicant is a member of NSUI and he as well as other protesters were staging an agitation against the policies of the State Government. They had assembled to burn an effigy. It is alleged that the victim, who is working on the post of Sub Inspector, was posted alongwith the police force to maintain the law and order. When the effigy was set on fire, an attempt was made by the complainant to snatch the burning effigy, as a result, he also sustained burn injuries. The allegations that the burning effigy was deliberately thrown on the complainant are false for the simple reason that immediately after realizing that one police personnel has caught fire due to burning effigy, the applicant and other protesters had tried to extinguish his fire. It is submitted that the complainant has already been discharged from the hospital. Whether the offence under

Section 307 of IPC would be made out or not, is a matter which is yet to be decided by the Trial Court, but there was no deliberate attempt on the part of the applicant and an unfortunate incident had taken place. To substantiate his submissions, the applicant has also filed the photographs to show that in fact the applicant and other protesters had tried to extinguish the fire. It is submitted that the applicant undertakes to abide by any stringent condition which may be imposed by this Court. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that it is true that the applicant and other protesters were trying to burn an effigy, but they also deliberately threw it on the complainant. It is further submitted that the applicant has a criminal history and as many as 7 more criminal cases have been registered against him, apart from the present case. However, it is fairly conceded that out of those 7 criminal cases, the applicant has already been acquitted in two cases.

Considering the period of detention as well as facts and circumstances of the case, but 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.

It is further directed that the applicant shall appear before the S.H.O. Police Station Padav, District Gwalior on 1 st of every month

during the pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.

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 Arun* ARUN KUMAR MISHRA 2022.06.16 17:19:34 +05'30'