Ashok Balmik vs The State Of Madhya Pradesh
2022 Latest Caselaw 2931 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9650/2022 Ashok Balmik Vs. State of M.P.

Gwalior, Dated:02/03/2022

Shri B.K. Tyagi, Counsel for the applicant.

Shri A.K. Nirankari, Counsel for the State.

Case diary is available.

This third application under Section 439 of Cr.P.C. has been

filed for grant of bail. Second application was dismissed by order

dated 18/1/2022 passed in M.Cr.C. No.2537/2022.

The applicant has been arrested on 20/9/2021 in connection

with Crime No.561/2021 registered at Police Station Ambah, District

Morena for offence under Sections 307, 323, 294, 506, 147, 148 and

149 of IPC.

It is submitted by the counsel for the applicant that the

applicant is in jail from 20/9/2021, i.e. approximately five and half

months. A free fight had taken place between two parties. Members

of both the parties have suffered injuries. The other co-accused

persons including Dhara Singh, who is said to be the main accused,

have been granted bail after considering their period of detention.

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.

Considering the period of detention as well as facts and

circumstances of the case, without commenting on the merits of the

case, the application is allowed. It is directed that the applicant be

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.9650/2022 Ashok Balmik Vs. State of M.P.

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 Arun* ARUN KUMAR MISHRA 2022.03.03 15:38:52 +05'30'