Ramsudesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 8559 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 28th OF JUNE, 2022

       MISCELLANEOUS CRIMINAL CASE No. 30901 of 2022

        Between:-
1.      RAMSUDESH     S/O   SHRI    JAGANNATH
        VISHWAKARMA, AGE 58 YEARS, OCCUPATION:
        AGRICULTURIST

2.      KARAN    SINGH S/O SHRI RAMSUDESH
        VISHWKARMA, AGE -20 YEARS, R/O VILLAGE
        RORA, P.S. NAYA GAON, DISTRICT BHIND
        (MADHYA PRADESH)

                                                              .....APPLICANTS
        (BY SHRI ARUN SHARMA - ADVOCATE)

        AND

        STATE OF MADHYA PRADESH THROUGH
        POLICE STATION NAYAGAON, DISTRICT BHIND
        (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 repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. Second bail application of the applicant was dismissed by order dated 23/05/2022 passed in MCRC No.23248/2022.

The applicants have been arrested on 17/03/2022 in connection with Crime No.15/2022 registered at Police Station Nayagaon, District Bhind for offence under Sections 341, 324, 323, 294, 506, 34, 326 of IPC.

The first bail application of the applicants was dismissed with liberty to revive the prayer after undergoing some reasonable period of detention.

It is submitted by the counsel for the applicants that as per the MLC report, one incised wound on right leg, one incised wound 2 c.m. below injury No.1, swelling with abrasions over right hand, swelling over left hand, swelling over right foot and multiple contusions on back of the trunk of the complainant Jitendrra Chaurasiya were found and in the X-ray report, fracture of right foot was seen. However, the applicants are in jail for the last more than three months. 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. However, it is submitted that from the police case diary, it is clear that none of the applicants have any 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 applicants be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) each with one surety each 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: 2022.06.29 10:47:34 -07'00'