Balli @ Rajkumar Saryam vs The State Of Madhya Pradesh
2023 Latest Caselaw 2402 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL MISHRA
                                              ON THE 10 th OF FEBRUARY, 2023
                                          MISC. CRIMINAL CASE No. 4304 of 2023

                          BETWEEN:-
                          BALLI @ RAJKUMAR SARYAM S/O SURESH SARYAM,
                          AGED ABOUT 28 YEARS, OCCUPATION: PRIVATE JOB,
                          R/O NEAR OF BUS STAND, WARD NO. 25, BEHIND OF
                          DURGA TEMPLE, HARDA, POLICE STATION KOTWALI
                          HARDA, DISTRICT HARDA (MADHYA PRADESH)

                                                                                           .....APPLICANT
                          (BY SHRI L.C. CHOURASIYA - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION TIMARNI DISTRICT HARDA (MADHYA
                          PRADESH)

                                                                                         .....RESPONDENT
                          (BY SHRI AJEET KUMAR RAWAT - GOVERNMENT ADVOCATE)

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

This is the sixth bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. His first and second bail applications were dismissed as withdrawn by this Court vide orders dated 27.04.2021 and 05.10.2021 passed in M.Cr.C.Nos.50355 of 2020 and order 40344 of 2021 respectively and third, fourth and fifth bail applications was dismissed on merits vide orders dated 22.11.2021, 24.03.2022 and 22.07.2022 passed in M.Cr.C.Nos.53509 of 2021, 13807 of 2022 and 30767 of 2022 respectively. Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 2/16/2023 2:12:54 PM

The applicant has been arrested on 02.08.2020 by Police Station Timarni, District Harda (M.P.) in connection with Crime No.482/2020 registered in relation to the offence punishable under Sections 302 and 34 of the Indian Penal Code.

The repeat bail application has been filed on the ground of delay in trial. The statements of material witnesses have been recorded before the trial court, even after there is no strong material found against the present applicant. There are contradictions, omissions in the statements of the witnesses. It is submitted that he is in custody since 02.08.2020. There is no further requirement of custodial interrogation of the applicant. He is ready to abide by all the

conditions imposed by this Court while considering the bail application. He has placed reliance upon a judgment of Hon'ble Supreme Court in the case of Chunthuram vs. State of Chhattisgarh (Criminal Appeal No.1392 of 2011) and a judgment of the High Court of Allahabad in the case of Har Pal Singh vs. State of Uttar Pradesh (Criminal Appeal No.2310 of 1980). On these grounds, he prays for grant of bail.

Per contra, counsel appearing for the State has vehemently opposed the bail application stating that contradictions and omissions cannot be looked into in a bail application in view of the settled legal proposition of law as held by the Hon'ble Supreme Court in the case of Satish Jaggi Vs. State of Chhattisgarh and others reported in 2007 Vol 11 SCC 195. There is no delay in trial as the applicant himself has filed statements of the witnesses pointing out the fact that as many as ten witnesses have already been examined before the trial Court. Allegation against the present applicant is specific. Earlier applications were already considered on merits and rejected by this Court. There is no new

Signature Not Verified ground available to the applicant for grant of bail. The reliance placed by the Signed by: SUSHEEL KUMAR JHARIYA Signing time: 2/16/2023 2:12:54 PM

applicant is of no help to him as the facts and circumstances of the present case are entirely different. The applicant has been identified in the Test Identification Parade. On these grounds, he prays for dismissal of the application.

Considering the overall facts and circumstances of the case, this Court does not deem it appropriate to enlarge the applicant on bail at this stage. Accordingly, the application is hereby rejected.

(VISHAL MISHRA) JUDGE sj

Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 2/16/2023 2:12:54 PM