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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Gurpal Singh Ahluwalia, J.
Bhura – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 59849 of 2022
Decided On : 19-12-2022
Bail - Criminal Offence - The court allowed the bail application of the applicant, who had been in jail for more than six months in connection with a free fight incident. The court considered the nature of the allegations, the duration of pre-trial incarceration, and the absence of comments on the merits of the case in granting bail.
Fact of the Case:
The applicant had been in jail for more than six months in connection with a free fight incident between two parties, and the trial was likely to take a long time.
Finding of the Court:
The court allowed the bail application, considering the nature of the allegations, the duration of pre-trial incarceration, and the absence of comments on the merits of the case.
Issues: Bail application under Section 439 of Cr.P.C. in connection with a free fight incident and multiple criminal cases against the applicant.
Ratio Decidendi: The court considered the duration of pre-trial incarceration, the nature of the allegations, and the absence of comments on the merits of the case in granting bail.
Final Decision: The applicant was granted bail on furnishing a personal bond in the sum of Rs.1,00,000/- with one surety to appear before the Court on the given dates, with the condition that the bail would become ineffective in case of bail jump.
JUDGMENT
Gurpal Singh Ahluwalia, J. - This fourth application under Section 439 of Cr.P.C. has been filed for grant of bail.
2. The applicant has been arrested on 02.05.2022 in connection with Crime No.325/2021 registered by Police Station Tyonda, District Vidisha for offence punishable under Sections 307, 323, 324, 147, 148, 149, 294, 506 of IPC.
3. It is submitted by the counsel for the applicant that second bail application of the applicant was dismissed by order dated 27.07.2022 passed in M.Cr.C. No.36057/2022 with liberty to revive the prayer after undergoing some reasonable period of detention. It is submitted that it is true that the applicant was absconding and could be arrested only after five years of the incident, but submitted that the applicant is in jail from 02.05.2022. A free fight took place all of a sudden on the question of passage. Offence has been registered against both the parties. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. It is further submitted that the applicant has already spent more than six months in pre-trial incarceration and some of the similarly situated persons have already been granted bail by this Court.
4. Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant has a criminal history and three more criminal cases have been registered against him, but fairly conceded that all the three cases were registered prior to registration of the present offence and they were of minor in nature like Sections 323, 294, 336 of IPC.
5. Considering the nature of allegations, according to which, a free fight took place between two parties, coupled with the fact that the applicant is in jail for the last more than six months 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.
6. This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.
7. 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.
The court considered the duration of pre-trial incarceration, the nature of the allegations, and the absence of comments on the merits of the case in granting bail.
The court considered the nature of allegations, period of detention, and the applicant's willingness to abide by stringent conditions in granting bail.
The court considered the nature of allegations, period of detention, and the absence of heinous offenses in the applicant's criminal history in allowing the bail application.
The court granted bail based on the nature of allegations, period of detention, and the arrest of the main accused, in line with the judgment passed by the Supreme Court in a similar case.
The main legal point established in the judgment is the consideration of substantive evidence, the likelihood of a lengthy trial, and the absence of a possibility of absconding or tampering with the ....
Lack of prosecution and interest by the applicant can lead to dismissal of a bail application.
The court's decision to grant bail was based on the facts and circumstances of the case, the absence of evidence implicating the applicant, and the reference to the judgment of the Supreme Court rega....
The examination of the victim is a crucial factor in considering bail applications under Section 439 of Cr.P.C.
The court may grant bail considering the period of detention and the likelihood of a lengthy trial, without commenting on the merits of the case.
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