Mithlesh Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 4097 MP

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          THE HIGH COURT OF MADHYA PRADESH
                      MCRC No. 13751/2022
        (MITHLESH JATAV Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated : 24/03/2022

      Shri Sohit Mishra, Counsel for applicant.

      Shri C.P. Singh, Counsel for State.

      Shri Mohar Singh Rawat, Counsel for complainant.

      Case diary is available.

      This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

      The applicant has been arrested on 18.02.2022 in connection

with Crime No.127/2021 registered by Police Station - Antri, Gwalior

District Gwalior for offence punishable under Sections 336, 323, 294,

506 and 34 of IPC enhanced Sections 307 and 302 of IPC.

      It is submitted by Counsel for applicant that applicant was not

named in the FIR. The only allegation is that she had also pelted

stones along-with other co-accused persons. The applicant is a lady.

She has been falsely implicated. It is further submitted that earlier the

charge-sheet was filed against co-accused persons but investigation

against applicant was kept pending and now supplementary charge-

sheet has been filed on 01.03.2022 and she is in jail from 18.02.2022.

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

possibility of her absconding or tampering with prosecution case.

      Per contra, the application is opposed by the Counsel for the

respondent/State. It is submitted that the deceased had sustained an

THE HIGH COURT OF MADHYA PRADESH MCRC No. 13751/2022 (MITHLESH JATAV Vs THE STATE OF MADHYA PRADESH)

injury on his head and ultimately he died on account of said injury.

Heard the learned counsel for the parties.

Considering the fact that the name of applicant was not

mentioned in the FIR 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 the 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 & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge

Aman

AMAN TIWARI 2022.03.24 17:12:13 +05'30'