Vankat vs The State Of Madhya Pradesh
2022 Latest Caselaw 4011 MP

                             1
          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.14434/2022
                  Vankat vs. State of M.P.

Gwalior, Dated : 23/03/2022

      Shri M.S. Rawat, Counsel for the applicant.

      Shri A.K. Nirankari, Counsel for the 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withdrawn by order dated 8.2.2022 passed in M.Cr.C.No.6798/2022.

The applicant has been arrested on 13.11.2021 in connection

with Crime No.284/2021 registered by Police Station Kumbhraj,

District Guna for offence punishable under Sections 307, 294, 506B,

149 of IPC and under Section 25/27 of the Arms Act.

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

the prosecution case, on 7.11.2021 at about 7:30 PM, the co-accused

Mantilal, Harbhajan, Pawan and applicant were abusing the

complainant as a result the complainant went inside his house and the

accused persons continued to abuse from outside of his house and

were also extending a threat that he should come out and he will not

be spared. Thereafter, at about 8:30 when the complainant came out of

the house and requested not to abuse him, then all the four persons

started abusing with instigated that he should be killed and,

accordingly, the co-accused Banti and Pawan fired gunshot causing

injuries to the complainant. It is submitted that the only allegation

against the applicant is that he came along with the co-accused

THE HIGH COURT OF MADHYA PRADESH MCRC No.14434/2022 Vankat vs. State of M.P.

persons and was abusing the complainant. However, there is nothing

on record to suggest that either the applicant was armed with firearm

or he fired any gunshot. The applicant is in jail from 13.11.2021. The

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

of his absconding or tampering with the prosecution case. It is also

submitted that this Court by order dated 21.1.2022 passed in

M.Cr.C.No.3475/2022 has granted bail to Satyabhan @ Nikhil but

fairly conceded that the case of the applicant is slightly

distinguishable from the case of co-accused Satyabhan @ Nikhil. It is

submitted that neither Satyabhan @ Nikhil had fired any gunshot nor

the applicant had fired any gunshot.

Per contra, the application is vehemently opposed by the

counsel for the respondent/State. After going through the police case

diary, it was submitted by the counsel for the State that the case diary

does not contain any criminal antecedents of the applicant.

Considering the facts and circumstances of the case, 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.

This order shall remain effective till the end of trial but in case

THE HIGH COURT OF MADHYA PRADESH MCRC No.14434/2022 Vankat vs. State of M.P.

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 2022.03.23 18:00:49 +05'30'