Mahesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3611 MP

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           THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.11515/2022
                   Mahesh vs. State of M.P.

Gwalior, Dated : 14/03/2022

      Shri Romesh Pratap Singh, Counsel for the applicant.

      Smt. Anjali Gyanani, Counsel for the respondent/State.

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 10.1.2022 in connection with

Crime No.755/2021 registered at Police Station Karera, District

Shivpuri for offence under Sections 452, 323, 427, 294, 506, 34, 458,

324, 459 of IPC.

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

the prosecution case, on the enmity of digging bore, the co-accused

Deewan Singh, who was armed with an axe, was abusing the

complainant and his father. At that time co-accused Balli also came

there alongwith lathi and he also started abusing. On the call given by

co-accused Balli, it is alleged that the co-accused Punjab Singh,

Dharmendra Parihar, Jeetu and applicant also came on the spot and

went inside the house of the complainant and assaulted the father of

the complainant by fists and blows. The applicant and co-accused

Deewan Singh assaulted him by lathi and axe respectively. When the

sister of the complainant tried to intervene in the matter, then it is

alleged that the co-accused Dharmendra Parihar kicked her and co-

THE HIGH COURT OF MADHYA PRADESH MCRC No.11515/2022 Mahesh vs. State of M.P.

accused Balli assaulted by lathi on her hand. The co-accused Deewan

Singh assaulted the complainant by the handle of the axe. It is

submitted that so far as the allegations against the applicant is

concerned, it is clear that he had not used any deadly weapon or not

caused any injury on the vital part of any injured. It is submitted that

although it is alleged that assault made by the applicant had resulted in

fracture of ulna bone but he is in jail for the last one and half months.

The Trial is likely to take sufficiently long time and there is no

possibility of his absconding or tampering with the prosecution case.

This Court by orders dated 11.2.2022 and 18.2.2022 passed in

M.Cr.C.Nos.6442/2022 and 7068/2022 have granted bail to the co-

accused Dharmendra Parihar and Punjab Parihar respectively.

Per contra, the application is vehemently opposed by the

counsel for the respondent/State. It is submitted that one more

criminal case was registered against the applicant in the year 2012 for

offence under Sections 324, 326, 294 of IPC.

Considering the 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 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.11515/2022 Mahesh vs. State of M.P.

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 (alok)

ALOK KUMAR 2022.03.14 17:19:31 +05'30'