Suraj vs The State Of Madhya Pradesh
2022 Latest Caselaw 3015 MP

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          THE HIGH COURT OF MADHYA PRADESH
                        MCRC No. 10494/2022
                 (SURAJ Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 03/03/2022

      Shri Prakhar Dhengula, Counsel for applicant.

      Shri Pramod Pachori, Counsel for State.

      Shri Sarang Gupta, Counsel for Complainant.

      Case diary is available.

      This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

      The applicant has been arrested on 27.01.2022 in connection

with Crime No.12/2022 registered by Police Station Noorabad,

District Morena for offence punishable under Sections 307, 294 r/w

34 of IPC.

      It is submitted by the Counsel for the applicant that according to

the prosecution case, four accused persons including the applicant

came on the spot. It is alleged that the co-accused Hariom who was

carrying .12 bore gun started abusing the complainant. When he

objected to it, then the co-accused Hariom Gurjar and Jitendra Gurjar

scolded that he is taking the side of the contractor and at that time the

applicant and co-accused Jogendra said that the complainant should be

killed and on this instigation co-accused Hariom fired a gunshot

causing injury on the knee of his right leg. It is submitted that it is a

case of over implication. The FIR was lodged alleging instigation. No

actual overt act except verbal, has been alleged against the applicant.

The trial is likely to take sufficiently long time and there is no
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                          THE HIGH COURT OF MADHYA PRADESH
                                      MCRC No. 10494/2022
                             (SURAJ Vs THE STATE OF MADHYA PRADESH)

                possibility of his absconding or tampering with the prosecution case.

                      Per contra, the application is opposed by the Counsel for the

                respondent/State.

Heard the learned counsel for the parties.

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 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 the 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 & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2022.03.03 16:55:42 +05'30'