Citation : 2022 Latest Caselaw 3008 MP
Judgement Date : 3 March, 2022
1
THE HIGH COURT OF MADHYA PRADESH
MCRC-9892-2022
Nitin Dangi Vs. State of MP
Gwalior, Dated : 03.03.2022
Shri Ashok Dohare, Counsel for the applicant.
Shri A.K. Nirankari, Counsel for the State.
Case Diary is available.
This third application under Section 439 of CrPC has been filed
for grant of bail. Second application of the applicant was dismissed as
withdrawn by order dated 11.02.2022 passed in M.Cr.C.
No.7478/2022.
The applicant has been arrested on 12.08.2021 in connection
with Crime No.172/2021 registered at Police Station Gulabganj Distt.
Vidisha for offence under Section(s) 305, 306, 323 and 34 of IPC.
It is submitted by the counsel for the applicant that the bail
application of the co-accused Shubham Dangi was rejected by this
Court, against which SLP (Criminal) No.10135/2021 was preferred
which has been allowed by the Supreme Court by order dated
14.02.2022
and the co-accused Shubham Dangi has been granted bail.
Case of the present applicant is identical to that of the co-accused
Shubham Dangi. According to the prosecution case, the applicant and
other co-accused persons had beaten the deceased who committed
suicide by jumping in front of running train. The Trial is likely to take
sufficiently long time and there is no possibility of his absconding or
tampering with the prosecution case.
THE HIGH COURT OF MADHYA PRADESH MCRC-9892-2022 Nitin Dangi Vs. State of MP
Per contra, the application is vehemently opposed by the
counsel for the State.
In view of the fact that the co-accused Shubham Dangi has been
granted bail by the Supreme Court and the case of the applicant is
identical to that of the co-accused Shubham Dangi, 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) 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 Abhi ABHISHEK CHATURVEDI 2022.03.03 15:45:28 +05'30'
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