Deepak Batham vs The State Of Madhya Pradesh
2022 Latest Caselaw 6740 MP

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          THE HIGH COURT OF MADHYA PRADESH
                      MCRC No. 21949/2022
       (DEEPAK BATHAM Vs THE STATE OF MADHYA PRADESH)



Gwalior, Dated : 05/05/2022

      Shri Mahaveer Pathak, Counsel for the applicant.

      Shri C.P. Singh, 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withdrawn by order dated 10.06.2020 passed in M.Cr.C.

No.17060/2020.

The applicant has been arrested on 14.12.2017 in connection

with Crime No.936/2017 registered at Police Station Janakganj,

District Gwalior for offence under Sections 302, 147, 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, the applicant, co-accused Kartik and Ankit had

caused gunshot injuries to the deceased. The applicant is in jail from

14.12.2017. The Supreme Court by order dated 4.4.2022 passed in

Special Leave to Appeal (Crl.) No.4825/2021 has granted bail to co-

accused Kartik Ghanghoriya mainly on the ground of period of

detention as well as on the ground that out of 37 witnesses, only 12

have been examined. It is further submitted that the case of the

applicant is identical to that of Kartik Ghanghoriya because the

allegation against him was also that he had caused gunshot injury to

the deceased. It is further submitted that this Court by order dated

THE HIGH COURT OF MADHYA PRADESH MCRC No. 21949/2022 (DEEPAK BATHAM Vs THE STATE OF MADHYA PRADESH)

22.04.2022 passed in M.Cr.C. No.19484/2022 has granted bail to the

co-accused -Ankit Pal. 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 respondent/State. However, after going through the

police case diary as well as the order passed by the Supreme Court in

the case of co-accused Kartik Ghanghoriya and the order passed by

this Court in case of co-accused-Ankit Pal, it is fairly conceded by

Counsel for State that the case of applicant is identical to the case of

co-accused Kartik Ghanghoriya and Ankit Pal.

Considering the fact that the co-accused who is identically

placed has been granted bail by the Supreme Court as well as

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 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

THE HIGH COURT OF MADHYA PRADESH MCRC No. 21949/2022 (DEEPAK BATHAM Vs THE STATE OF MADHYA PRADESH)

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 Aman AMAN TIWARI 2022.05.05 17:15:36 +05'30'