Mahesh Tomar vs The State Of Madhya Pradesh
2022 Latest Caselaw 4609 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.15655/2022
               Mahesh Tomar vs. State of M.P.

Gwalior, Dated : 31/03/2022

      Shri I.S. Asthana, Counsel for the applicant.

      Shri P.P.S. Vajeeta, Counsel for the respondent/State.

Case diary is available.

This third application under Section 439 of Cr.P.C. has been

filed for grant of bail. The second application was dismissed for want

of prosecution by order dated 15.3.2022 passed in

M.Cr.C.No.13266/2022.

The applicant has been arrested on 8.10.2021 in connection with

Crime No.99/2021 registered at Police Station Dimni, District Morena

for offence under Sections 307, 323, 336, 294, 34 of IPC.

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

the prosecution case, the applicant was armed with a lathi and had

assaulted on the head as well as elbow of right hand of the

complainant. It is submitted that no deadly weapon was used by him.

The applicant is in jail for the last five and half months. 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 the

prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State. However, it is fairly conceded by the counsel for

the State that the applicant has no criminal history.

Considering the facts and circumstances of the case, period of

detention and without commenting on the merits of the case, the

THE HIGH COURT OF MADHYA PRADESH MCRC No.15655/2022 Mahesh Tomar vs. State of M.P.

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

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 2022.03.31 18:32:26 +05'30'