Mr. Balli @ Vinod Tiwari vs The State Of Madhya Pradesh
2022 Latest Caselaw 7075 MP

                                           1

            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                                      BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                          ON THE 10th OF MAY, 2022

      MISCELLANEOUS CRIMINAL CASE NO.23232 OF 2022

       Between:-

       MR. BALLI @ VINOD TIWARI S/O
       SHRI SURENDRA TIWARI, AGED 46
       YEARS,           OCCUPATION
       AGRICULTURIST, RESIDENT OF
       GRAM    BADONKALA,     THANA
       GORAGHAT, DISTRICT DATIA,
       MADHYA PRADESH
                                                                ........APPLICANT

       (BY MS. MONICA MISHRA - ADVOCATE)

       AND

       STATE OF MADHYA PRADESH
       THROUGH     POLICE    STATION
       JIGNA, DISTRICT DATIA MADHYA
       PRADESH

                                                             ........RESPONDENT

        (BY SMT. KALPANA PARMAR - ADVOCATE)
----------------------------------------------------------------------------------------
       This application coming on for hearing this day, the Court passed
the following:
                                       ORDER

Case diary is available.

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 12.06.2020 in connection with Crime No.10/2020 registered at Police Station Jigna, District Datia for offence under Section 307 of IPC, under Section 11/13 of MPDVPK Act and under Section 25(1-b)(a) of Arms Act.

It is submitted by the counsel for the applicant that according to the prosecution case, the police party received an information about the movement of the miscreants and, accordingly when they tried to apprehend them, they retaliated and gunshots were fired at the police party. However, it is submitted that it is a case of no injury. It is submitted that the applicant was not arrested from the spot but he was apprehended at a later stage. The applicant has been implicated only on the basis of confessional statement made by co-accused which is not admissible. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. This Court by order dated 7.4.2022 passed in M.Cr.C.No.16336/2022 has granted bail to co-accused Anil Yadav and the bail application of the applicant may also be considered on the similar line.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant has a criminal history and as many as 13 criminal cases have been registered against him.

In reply, it is submitted by the counsel for the applicant that out of those 13 criminal cases, the applicant has already been acquitted in four criminal cases.

Considering the facts and circumstances of the case and without

commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing cash surety of Rs.3,00,000/- (Rupees Three Lacs Only) 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.

It is made clear that single default in appearance before the Trial Court, or in case of registration of new offence, this bail order shall automatically come to an end and the cash surety so furnished by the applicant shall automatically stand forfeited without any reference to the Court.

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.

CC as per rules.

(G.S. AHLUWALIA) JUDGE Arun* ARUN KUMAR MISHRA 2022.05.10 17:02:08 +05'30'