Darpan Uttam vs The State Of Madhya Pradesh
2022 Latest Caselaw 4202 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.12687/2022 (DARPAN UTTAM VS. STATE OF M.P.)

Gwalior, Dated : 25/03/2022

Smt. Uma Kushwah, learned counsel for the applicant.

Shri A.K.Nirankari, learned counsel for the State.

Shri Ajay Kumar Dwivedi, learned counsel for the

complainant.

Case diary is available.

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

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

dismissed by order dated 15/02/2022 passed in MCRC

No.6685/2022.

The applicant has been arrested on 14/01/2022 in connection

with Crime No.241/2021 registered at Police Station Bilauwa,

District Gwalior for offence under Sections 458, 323, 294, 506, 326

and 34 of IPC.

This repeat bail application has been filed for grant of bail on

the ground of compromise. I.A.No.4888/2022 has also been filed

projecting that the parties have compromised.

According to the prosecution case, the injured Kallu @

Ramesh Yadav was sitting in his hotel and at that time some persons

came in their car. They three persons deboarded and they were having

Lathis and they starting abusing Kallu @ Ramesh Yadav. When Kallu

@ Ramesh Yadav objected to it, then one person gave a Lathi blow

THE HIGH COURT OF MADHYA PRADESH MCRC No.12687/2022 (DARPAN UTTAM VS. STATE OF M.P.)

on his head. Kallu @ Ramesh Yadav also succeeded in catching hold

of two persons, then one assaulted below his eye by a pointed object.

Two more persons deboarded from the car and assaulted Kallu @

Ramesh Yadav by fists and blows. It is alleged that although as many

as 8 injuries were found on the body of the injured Kallu @ Ramesh

Yadav, but no fracture was found. The matter has been amicably

settled between the parties. The applicant is in jail for the last more

than 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 vehemently opposed by the

counsel for the State as well as counsel for the complainant.

It is submitted by the counsel for the complainant that the

dispute between the parties has been amicably settled and the

complainant has no objection if the applicant is granted bail.

Considering the submissions made by the counsel for the

complainant 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.

THE HIGH COURT OF MADHYA PRADESH MCRC No.12687/2022 (DARPAN UTTAM VS. STATE OF M.P.)

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: 2022.03.25
     16:25:03 -07'00'