Narendra Balmik vs The State Of Madhya Pradesh
2022 Latest Caselaw 8036 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

               MISC. CRIMINAL CASE No. 25065 of 2022

        Between:-
        NARENDRA BALMIK S/O SHRI JAGDISH
        BALMIK,  AGE  34   YEARS, OCCUPATION:
        GOVERNMENT JOB, R/O GURJAR GALI
        BAJRANG COLONY, TUSSIPURA, DISTRICT
        MORENA (MADHYA PRADESH)

                                                             .....APPLICANT
        (BY SHRI SANJAY GUPTA - ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION STATION ROAD, DISTRICT
        MORENA (MADHYA PRADESH)

                                                           .....RESPONDENT
        (BY SHRI NEELESH TOMAR - 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 by order dated 23.3.2022 passed in M.Cr.C.No.12936/2022 with liberty to revive the prayer after undergoing some reasonable period of detention.

The applicant has been arrested on 11.12.2021 in connection with Crime No.707/2021 registered at Police Station Station Road, District Morena for offence under Sections 307, 147, 148, 149, 323, 294, 324, 326, 325 of IPC and

under Section 25(2) of the Arms Act.

It is submitted by the counsel for the applicant that the second bail application was dismissed by order dated 23.3.2022 passed in M.Cr.C.No.12936/2022 with liberty to revive the prayer after undergoing some reasonable period of detention. It is submitted that the applicant is in jail from 11.12.2021 i.e. more than six months. According to the FIR, the complainant Mahendra and others were returning back to their house. When they reached in front of their house they were waylaid by the applicant and other co-accused persons. On the dispute of theft of pigs, Suraj assaulted by Baka on the head and neck of Arjun, Manish assaulted by sword causing injury on the head of

Shivam and Nicky assaulted by Baka on the head of the complainant, whereas applicant, Gulshan and Satish assaulted them by lathi. 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 not only, the presence of the applicant is specifically mentioned in the FIR as well as in the statement of the witnesses, but specific role of assaulting the victims has been assigned. Mahendra had suffered one contused abrasion apart from two incised wounds, Daulatram had also suffered one lacerated wound on left parietal region and lacerated wound on little finger of right hand as well as contusion on left shoulder, Shiva had sustained one lacerated wound on scalp. Arjun had sustained contused abrasion over left parietal region apart from one incised wound. Thus, it is clear that apart from the incised wounds, the victims had suffered lacerated wounds also. Apart from that, Shiva has also sustained fracture in fronto temporal bone as well as subarachnoid hemorrhage in left frontal lobe. Daulatram had also sustained

fracture of distal phalanx of little finger.

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 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 (alok)

ALOK KUMAR 2022.06.17 16:49:25 +05'30'