Bhoora vs The State Of Madhya Pradesh
2022 Latest Caselaw 7495 MP

                                  1
          IN THE HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                         ON THE 23 rd OF MAY, 2022
                 MISC. CRIMINAL CASE No. 24535 of 2022

         Between:-
         BHOORA S/O SHRI JASWANT SINGH
         GURJAR, AGE 42 YEARS, OCCUPATION:
         AGRICULTURE, R/O GRAM BARE KA
         PURA, VIJAYPURA, POLICE THANA
         BAMORE,      DISTRICT    MORENA
         (MADHYA PRADESH)

                                                           .....APPLICANT
         (BY SHRI R.V.S. GHURAIYA - ADVOCATE )

         AND

         THE STATE OF MADHYA PRADESH
         THROUGH POLICE STATION BAMORE,
         DISTRICT   MORENA      (MADHYA
         PRADESH)

                                             .....RESPONDENT
         (STATE BY SHRI A.K. NIRANKARI - ADVOCATE AND
         COMPLAINANT BY SHRI SARANG GUPTA - 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 03.12.2021 in connection with Crime No.492/2021 registered at Police Station - Bamore, District Morena for offence

under Sections 323, 326, 294, 506, 307, 34 of IPC and Section 25/27 of Arms Act.

I t is submitted by the counsel for the applicant that according to the prosecution case, the applicant had fired a gunshot causing injury below the elbow of the complainant. The applicant is in jail for the last five and half months. The Trial is likely to take sufficiently long time as the complainant did not appear before the Trial Court for giving his evidence. 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 as well as counsel for the complainant. However, It is

submitted by the counsel for the complainant that the bail application of the applicant may not be allowed till the complainant is examined. However, he fairly conceded that on the last date, he did not appear before the Trial Court for giving his evidence.

Considering the period of detention but 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.

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) V. JUDGE Abhi ABHISHEK CHATURVEDI 2022.05.23 19:14:21 +05'30'