Bhagwandas Bachheriya vs The State Of Madhya Pradesh
2022 Latest Caselaw 8585 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. 31088 of 2022

         Between:-
         BHAGWANDAS BACHHERIYA S/O LATE SHRI
         KANHAIYALAL,  AGED  65  YEARS,  R/O
         JHULANPEER VIDISHA KOTWALI VIDISHA
         (MADHYA PRADESH)

                                                             .....APPLICANT
         (BY SHRI MANOJ BHARGAVA - ADVOCATE)

         AND

         STATE OF MADHYA PRADESH THROUGH
         POLICE STATION DEHAT, DISTRICT VIDISHA
         (MADHYA PRADESH)

                                                           .....RESPONDENT
         (BY SMT. ANJALI GYANANI - PUBLIC PROSECUTOR FOR THE
         STATE )
         (BY SHRI SANJAY RAGHUWANSHI - 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 25/04/2021 in connection with Crime No.419/2021 registered at Police Station Dehat Vidisha, District Vidisha for offence under Sections 420, 406 of IPC and Section 292(c) of M.P.Nagar Palika Act.

After arguing the matter at length, the counsel for the applicant seeks permission of this Court to withdraw this application on merits.

However, he submitted that the marriage of son of the applicant is fixed for 03/07/2022 and since, his present is required, therefore, he may be granted temporary bail for a period of seven days.

Considered his prayer for grant of temporary bail. The presence of the father is required in the marriage of his son, therefore, it is directed that the Court below shall get the factum of marriage of his son verified and upon verification, if it is found that the son of the applicant is getting married on 03/07/2022, then he shall be released on temporary bail for

a period of seven days from the date of his release, 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.

The applicant shall also file an affidavit before the Court below that he shall surrender on the seventh day from the date of his release. It is made clear that in case if the applicant fails to surrender on the seventh day, then the personal bond submitted by the applicant shall automatically stand forfeited and the Trial Court shall be free to initiate proceedings for recovery of the personal bond as well as shall also issue warrant of arrest against the applicant.

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/-

PRINCEE BARAIYA 2022.06.28 20:33:05 +05'30'