Rajesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3934 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.12828/2022
                  Rajesh vs. State of M.P.

Gwalior, Dated : 22/03/2022

      Shri Anil Kumar Mishra with Ms. Harshita Mishra, Counsel for

the applicant.

      Shri A.K. Nirankari, Counsel for respondent/State.

Case diary is available.

This second application under Section 439 of Cr.P.C. has been

filed for grant of bail. The first application was dismissed as

withdrawn by order dated 4.2.2022 passed in M.Cr.C.No.5869/2022.

The applicant has been arrested on 10.12.2021 in connection

with Crime No.164/2020 registered at Police Station Umari, District

Bhind for offence under Sections 307, 294, 34 of IPC.

It is submitted by the counsel for the applicant that the first

application was withdrawn because the counsel who had filed the said

application had already appeared for the complainant and the

application was not argued on merits. It is submitted by the counsel

for the applicant that according to the prosecution case, three persons

fired gunshots causing injuries on the ankle and the hand of the

victims. It is submitted that there is a cross-case also. The applicant is

in jail from 10.12.2021. The Co-ordinate Bench of this Court by order

dated 24.9.2021 passed in M .Cr.C.No.35177/2020 has granted bail to

the co-accused Jageshwar Singh @ Rajne. In view of the criminal

antecedents, the applicant is ready and willing to abide by any

stringent condition which may be imposed by the Court. The trial is

THE HIGH COURT OF MADHYA PRADESH MCRC No.12828/2022 Rajesh vs. State of M.P.

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 vehemently opposed by the

counsel for the State. It is submitted by the counsel for the State that

the applicant was absconding for about one and half years but fairly

conceded that the incident took place on 25.5.2020 and because of

Covid-19 pandemic, there was certain restrictions. It is further

submitted by the counsel for the State that the applicant has a criminal

history and two more criminal cases i.e. one under Section 307 of IPC

registered in the year 2018 which is still pending and another offence

was registered under Sections 324, 294, 506, 147, 148, 149 of IPC and

in that case the applicant has already been acquitted.

Considering the nature of allegations as well as 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 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.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Umari, District Bhind on 1st of every month

during the pendency of the Trial.

In case of bail jump or non-appearance of the applicant before

THE HIGH COURT OF MADHYA PRADESH MCRC No.12828/2022 Rajesh vs. State of M.P.

the police station as directed by this Court, this order shall lose its

effect.

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 2022.03.22 15:37:32 +05'30'