Bhoore Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 13348 MP

                                                            1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                          BEFORE
                                       HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                                  ON THE 11th OF OCTOBER, 2022

                                 MISCELLANEOUS CRIMINAL CASE No. 47536 of 2022

                                  BETWEEN:-
                                  BHOORE SINGH S/O SHRI RAMSINGH TOMAR,
                                  AGED 26 YEARS, OCCUPATION KHETI, R/O
                                  GRAM BADAPURA THANA PORSA DISTRICT
                                  MORENA (MADHYA PRADESH)

                                                                                         .....APPLICANT
                                  (SHRI AYUSH SAXENA- ADVOCATE)

                                  AND
                                  STATE OF MADHYA PRADESH THROUGH
                                  POLICE STATION PORSA DISTRICT MORENA
                                  (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                                  (SHRI RAJIV UPADHYAY- PUBLIC PROSECUTOR FOR THE
                                  STATE)

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

Case diary is available.

This third repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed as withdrawn by order dated 23/08/2022 passed in MCRC No.39386/2022.

The applicant has been arrested on 10/04/2022 in connection with Crime No.73/2022 registered at Police Station Porsa, District Morena for offence under Sections 324, 323, 294, 506, 34, 307, 325 of IPC.

It is submitted by counsel for applicant that second application was

Signature Not Verified Signed by: PRINCEE BARAIYA Signing time: 12-Oct-22 10:58:30 AM

dismissed as withdrawn by order dated 23/08/2022 passed in MCRC No.39386/2022 with liberty to revive the prayer after undergoing some reasonable period of detention. According to the prosecution case, the applicant had assaulted the injured by a lathi. The allegations are that the victims were assaulted for the reason that they had lodged a report against accused persons and Ramwati, Sonu, Nihal Singh, Geeta, Manoj were beaten mercilessly and even Geeta was dragged by putting a rope on her neck and Manoj had also sustained fracture. It is submitted that the applicant is in jail for the last six months. It is further submitted that co-accused Shimpu Singh @ Shambhu Singh has already been granted bail by this Court by order dated 26/09/2022

passed in MCRC No.46291/2022. 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 applicant has a criminal history and one more offence under Sections 323, 294 of IPC was registered in the year 2022.

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) 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 Signature Not Verified Signed by: PRINCEE BARAIYA Signing time: 12-Oct-22 10:58:30 AM

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/-

Signature Not Verified Signed by: PRINCEE BARAIYA Signing time: 12-Oct-22 10:58:30 AM