Ajendra @ Monu vs The State Of Madhya Pradesh
2022 Latest Caselaw 4004 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.10698/2022 (AJENDRA @ MONU VS. STATE OF M.P.)

Gwalior, Dated : 23/03/2022

Shri A.R.Shivhare, learned counsel for the applicant.

Smt. Anjali Gyanani, learned counsel for the State.

Case diary is available.

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

been filed for grant of bail. First bail application of the applicant was

dismissed by order dated 28/01/2022 passed in MCRC No.2394/2022.

The applicant has been arrested on 29/12/2021 in connection

with Crime No.700/2021 registered at Police Station Gola Ka

Mandir, District Gwalior for offence under Sections 307, 427, 120-B

and 34 of IPC and Section 25/27 of the Arms Act.

It is submitted by the counsel for the applicant that although

the first bail application of the applicant was dismissed on merits by

order dated 28/01/2022 passed in MCRC No.2394/2022 but thereafter,

the co-accused persons namely Ravi Bhadoriya and Amit Singh

Kaurav have been granted bail by order dated 18/02/2022 passed in

MCRC No.8830/2022 and MCRC No.8170/2022 respectively after

considering the period of detention as well as the fact that the injured

had suffered a gunshot injury on the toe. The allegations against the

applicant are more or similar. He is also in jail from 29/12/2021. The

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

of his absconding or tampering with the prosecution case.

THE HIGH COURT OF MADHYA PRADESH MCRC No.10698/2022 (AJENDRA @ MONU VS. STATE OF M.P.)

Per contra, the application is vehemently opposed by the

counsel for the State. However, it is fairly conceded that the case

diary does not contain 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: 2022.03.23
    16:00:19 -07'00'