Hradesh @ Daddu vs The State Of Madhya Pradesh
2022 Latest Caselaw 3799 MP

                           1
          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.13267/2022
           (HRADESH @ DADDU VS. STATE OF M.P.)

Gwalior, Dated : 16/03/2022

       Shri A.K.Jaiswal, learned counsel for the applicant.

       Shri Rohit Mishra, learned counsel for the 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 17/01/2022 in connection

with Crime No.14/2022 registered at Police Station Lahar, District

Bhind for offence under Sections 327, 323, 294 and 506 of IPC and

Sections 25 and 27 of the Arms Act.

       It is submitted by the counsel for the applicant that according

to the prosecution case, he demanded Rs.1,000/- from the

complainant for purchasing the liquor and when it was refused by the

applicant, then he was beaten by fists and blows as well as country

made pistol was also shown in order to threaten him. It is submitted

that the allegation of demand of money for purchasing liquor is false.

Even, the entire allegations are false. The applicant is in jail from

17/01/2022 i.e. two months. 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 opposed by the counsel for the

respondent/State. It is submitted that apart from demanding money

THE HIGH COURT OF MADHYA PRADESH MCRC No.13267/2022 (HRADESH @ DADDU VS. STATE OF M.P.)

for purchasing the liquor and assaulting the injured by fists and

blows, the applicant has a criminal history and as many as 9 more

criminal cases have been registered against him. However, after

going through the criminal history, it is submitted that all the offences

were registered under Section 323 of IPC.

Considering the period of detention as well as 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) 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: 2022.03.16
   16:46:50 -07'00'