Rajkumar @ Hom Singh Baghel vs The State Of Madhya Pradesh
2022 Latest Caselaw 8031 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 17th OF JUNE, 2022

       MISCELLANEOUS CRIMINAL CASE No. 28310 of 2022

        Between:-
        RAJKUMAR @ HOM SINGH BAGHEL S/O SHRI
        VIJAY SINGH, AGE 22 YEARS, R/O VILLAGE
        PANDARI POLICE STATION UMRI, DISTRICT
        BHIND (MADHYA PRADESH)

                                                                 .....APPLICANT
        (BY SHRI RAVINDRA SINGH - ADVOCATE )

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION NAYAGAON, DISTRICT BHIND
        (MADHYA PRADESH)

                                                              .....RESPONDENT
        (BY SHRI RAJEEV UPADHYAY- PUBLIC PROSECUTOR)

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

Case diary is available.

This second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First bail application of the applicant was dismissed as withdrawn by order dated 18/04/2022 passed in MCRC No.18000/2022.

The applicant has been arrested on 08/03/2022 in connection with Crime No.20/2022 registered at Police Station Nayagaon, District Bhind for the offence under Sections 25 and 27 of the Arms Act.

This repeat application has been filed on the ground of period of custody. The first bail application of the applicant was dismissed as withdrawn

by order dated 18/04/2022 passed in MCRC No.18000/2022 with liberty to revive the prayer after undergoing some reasonable period of detention. According to the prosecution case, four country made pistols alongwith two cartridges were seized from the possession of the applicant. The applicant is in jail for the last more than three and half months. 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 respondent/State. However, after going through the police case diary, it is fairly conceded by the counsel for the applicant that the applicant has no criminal

history.

Considering the facts and circumstances of the case 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 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 Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.06.17 17:26:28 -07'00'