Citation : 2022 Latest Caselaw 3183 MP
Judgement Date : 7 March, 2022
THE HIGH COURT OF MADHYA PRADESH MCRC No.11585/2022 (VIKRAM SINGH LODHI VS. STATE OF M.P.)
Gwalior, Dated : 07/03/2022
Shri Rajesh Goswami, learned counsel for the applicant.
Shri C.P.Singh, learned counsel for the State.
Case diary is available.
This fourth repeat application under Section 439 of Cr.P.C. has
been filed for grant of bail. Third bail application of the applicant
was dismissed by order dated 04/02/2022 passed in MCRC
No.5033/2022.
The applicant has been arrested on 04/12/2021 in connection
with Crime No.257/2021 registered at Police Station Gyaraspur,
District Vidisha for offence under Sections 294, 323, 341, 506, 34,
325 and 326 of IPC and Section 25 of the Arms Act.
It is submitted by the counsel for the applicant that third bail
application of the applicant was dismissed by order dated 04/02/2022
passed in MCRC No.5033/2022 with liberty to revive the prayer after
undergoing some reasonable period of detention. It is submitted that
according to the prosecution case, the complainant was waylaid by
the applicant and co-accused persons and was assaulted. The
applicant is alleged to have assaulted on the elbow of the
complainant resulting in fracture. He is in jail for the last three
months. The Trial is likely to take sufficiently long time and there is
no possibility of his absconding or tampering with the prosecution
THE HIGH COURT OF MADHYA PRADESH MCRC No.11585/2022 (VIKRAM SINGH LODHI VS. STATE OF M.P.)
case.
Per contra, the application is vehemently opposed by the
counsel for the State. However, after going through the police case
diary, it was fairly conceded that there is nothing in the case diary to
indicate the criminal antecedents of the applicant.
Considering the period of detention 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) 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)
Pj'S/- Judge
Digitally signed by
PRINCEE BARAIYA
Date: 2022.03.07
17:14:25 -08'00'
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