Najruddin vs The State Of Madhya Pradesh
2022 Latest Caselaw 4537 MP

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          THE HIGH COURT OF MADHYA PRADESH
                      MCRC No. 15843/2022
          (NAJRUDDIN Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated : 30/03/2022

      Shri Mayank Bajpai, Counsel for applicant.

      Shri A.K. Nirankari, Counsel for State.

      Case diary is available.

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

grant of bail. The second bail application was dismissed by order

dated 25.01.2022 passed in M.Cr.C. No.4581/2022 as withdrawn.

      The applicant has been arrested on 24.11.2021 in connection

with Crime No.193/2021 registered at Police Station Shamsabad

Vidisha, District Vidisha for offence under Sections 294, 323, 324,

506, 34, 326, 307 of IPC.

      It is submitted by Counsel for applicant that according to the

prosecution case, the applicant had given a farsa below on the head of

Aminuddin. Although the injured has suffered a fracture but the

applicant is in jail for the last four months as he is in jail from

24.11.2021. The second bail application was withdrawn on 25.01.2022

in M.Cr.C. No.4581/2022 with liberty to revive after suffering

substantial period of detention. The applicant has no criminal history.

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

possibility of his absconding or tampering with prosecution case.

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

respondent/State. However, after going through the police case diary,

THE HIGH COURT OF MADHYA PRADESH MCRC No. 15843/2022 (NAJRUDDIN Vs THE STATE OF MADHYA PRADESH)

it is fairly conceded that there is nothing in the case diary to indicate

the criminal antecedents of the applicant.

Heard the learned counsel for the parties.

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 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 2022.03.30 18:44:30 +05'30'