Preetam Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 6970 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 9th OF MAY, 2022

        MISCELLENOUS CRIMINAL CASE No. 23131 of 2022

        Between:-
        PREETAM  SINGH    S/O KHILAN    SINGH
        RAGHUVANSHI, AGED ABOUT 52 YEARS, R/O.
        GRAM HATODA DISTRICT VIDISHA (MADHYA
        PRADESH)

                                                                 .....APPLICANT
        (BY SHRI BIPIN BIHARI SHARMA - ADVOCATE )

        AND

        STATE OF MADHYA PRADESH INCHARGE
        POLICE STATION DEHAT BASODA DISTRICT
        VIDISHA (MADHYA PRADESH)

                                                             .....RESPONDENTS
        (BY SHRI C.P.SINGH- PANEL LAWYER )

      This application coming on for hearing this day, the court passed the
following:
                                    ORDER

Case diary is available.

This second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First bail application of the applicant was dismissed as withdrawn by order dated 06/04/2022 passed in MCRC No.16096/2022.

The applicant has been arrested on 11/03/2022 in connection with Crime No.99/2022 registered at Police Station Dehat Basoda, Disttrict Vidisha for offence under Sections 323, 307, 294, 506 and 34 of IPC.

I t is submitted by the counsel for the applicant that according to the prosecution case, on 10/03/2022 some dispute had taken place between injured

Ajay and Preetam. At about 6:30 pm, he was in his house and injured Ajay standing outside of the house. It is alleged that on the said issue Saurabh, Prahalad Singh @ Kallu and the applicant came on the spot. Saurabh was having an iron rod, whereas Prahalad Singh @ Kallu was having Lathi and the applicant was having a Farsa and they started abusing the injured Ajay. It is alleged that Saurabh assaulted the injured on his head by the iron rod, as a result, he sustained injuries. It is submitted by the counsel for the applicant that even according to the prosecution case, no assault was made by the applicant. The applicant is in jail from 11/03/2022. The previous bail application of the applicant was rejected mainly on the ground that the main accused Saurabh is

absconding, but nowhe has been arrested. 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. It is submitted that it is true that there is no allegation of assault by the applicant, but he has a criminal history. Apart from the present case, the applicant has five more cases against him.

Considering the nature of allegations as well as 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) 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.

It is further directed that the applicant shall appear before the S.H.O. Police Station Dehat Basoda, District Vidisha on 1st of every month during the pendency of the Trial. In case of bail jump or non-appearance of the applicant

before the police station as directed by this Court, this order shall lose its effect.

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 Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.05.09 15:42:47 -07'00'