Ballu @ Sanjeev Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 13776 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                        ON THE 18th OF OCTOBER, 2022

       MISCELLANEOUS CRIMINAL CASE No. 47761 of 2022

        BETWEEN:-
        BALLU @ SANJEEV SINGH S/O LATE SHRI RAM
        SINGH TOMAR, AGED 29 YEARS, OCCUPATION
        AGRICULTURIST, R/O VILLAGE BADAPURA
        THANA PORSA DISTRICT MORENA (MADHYA
        PRADESH)

                                                             .....PETITIONER
        (BY SHRI AYUSH SAXENA - ADVOCATE)

        AND
        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION PORSA DISTRICT MORENA
        (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 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 The first application was dismissed as withdrawn by order dated 17.6.2022 passed in M.Cr.C. No.26444/2022.

The applicant has been arrested on 10.4.2022 in connection with Crime No.73/2022 registered at Police Station Porsa, District Morena for offence under Sections 323, 324, 506, 294, 34, 325, 307 of IPC.

This repeat application has been filed mainly on the ground of period of

detention. It is submitted by counsel for applicant that according to the prosecution case, the applicant had assaulted the injured/complainant by a Ballam causing sharp cutting injury on the little finger of his right hand with hair line fracture. It is submitted that the allegations are that the victims were assaulted for the reason that they had lodged a report against accused persons and, accordingly, Ramwati, Sonu, Nihal Singh, Geeta, Manoj were beaten mercilessly and even Geeta was dragged by putting a rope around her neck. It is submitted that it is true that the applicant is alleged to have used a Ballam causing sharp cutting injury of the little finger of the right hand of the complainant Manoj with fracture but the applicant is in jail for the last six

months. The applicant has a criminal history and one more offence under Sections 323, 294, 506, 34 of IPC was registered against the applicant in Police Station Porsa in Crime No.238/2021. 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. However, the counsel for the State also conceded that the applicant has a criminal history of one more offence only.

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 Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

The application is allowed.

(G.S. AHLUWALIA) JUDGE (alok)

ALOK KUMAR 2022.10.18 16:57:04 +05'30'