Pushpendra Singh Rajpoot vs The State Of Madhya Pradesh
2023 Latest Caselaw 4645 MP

                                                              1
                             IN      THE       HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      BEFORE
                                   HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                   ON THE 25 th OF MARCH, 2023
                                             MISC. CRIMINAL CASE No. 13006 of 2023

                            BETWEEN:-
                            PUSHPENDRA SINGH RAJPOOT S/O SHRI MOHAN
                            SINGH    RAJPOOT,  AGED   ABOUT 28 YEARS,
                            OCCUPATION: FARMER AMAYAN THANA AMAYAN
                            DIST. BHIND (MADHYA PRADESH)

                                                                                          .....APPLICANT
                            (NONE PRESENT )

                            AND
                            THE STATE OF MADHYA PRADESH INCHARGE POLICE
                            STATION THROUGH POLICE STATION AMAYAN
                            DISTRICT BHIND (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                            (BY SHRI BPS CHAUHAN - PUBLIC PROSECUTOR FOR STATE )

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

Advocates are abstaining from Court work. 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 18.08.2022 in connection with Crime No.108/2021 registered at Police Station Amayan, District Bhind for offence under Sections 308, 294, 427, 435, 34 of IPC.

According to the prosecution case, one proclain Hitachi Machine was Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 3/25/2023 6:36:46 PM

parked near Sindh river which was set on fire by the co-accused persons and gunshot was fired by present applicant accused, thereby damaging the glass of the machine. It is submitted that no person got hurt in the said incident. He is in jail from 18.08.2022 i.e. for the last 7 months. Applicant is ready and willing to abide by any stringent condition which may be imposed by the Court including that of furnishing cash surety. This Court by order dated 26.07.2022 and 23.08.2022 passed in M.Cr.C. No.35451/2022 and M.Cr.C. No. 40076/2022 respectively has granted bail to co-accused Chotu @ Brajraj and Rasal Singh. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.

Per contra, the application is vehemently opposed by counsel for the State.

Considering the period of detention and nature of allegations as well as 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.1,00,000/- (Rupees One Lac 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 & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 3/25/2023 6:36:46 PM

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

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 3/25/2023 6:36:46 PM