Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 790

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Gurpal Singh Ahluwalia, J.
Prahlad Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.23646 of 2022
Decided On : 09-05-2022

Advocates Appeared:
Vipin Babu Sharma, Advocate, C.P. Singh, Advocate
Final Result : Allowed

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.

Headnote:
Bail - Criminal Offences - The court granted bail to the applicant based on the nature of allegations, period of detention, and the arrest of the main accused, while directing the applicant to appear before the police station monthly and intimating the complainant about the bail, in line with the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P.
Fact of the Case:

The applicant filed a repeat bail application under Section 439 of Cr.P.C. after being arrested in connection with a case involving offences under Sections 323, 307, 294, 506, and 34 of IPC. The previous bail application was rejected due to the main accused being absconding, but he has now been arrested.
Finding of the Court:

The court allowed the bail application, considering the nature of allegations, period of detention, and the arrest of the main accused, without commenting on the merits of the case. The applicant was directed to furnish a personal bond and appear before the police station monthly, with a warning that bail would be revoked in case of non-appearance.
Issues: Repeat bail application, nature of allegations, period of detention, criminal history of the applicant, arrest of the main accused, conditions for granting bail.
Ratio Decidendi: The court granted bail based on the nature of allegations, period of detention, and the arrest of the main accused, while imposing conditions to ensure the applicant's appearance before the court and the police station.
Final Decision: The applicant was granted bail on furnishing a personal bond and one surety, with the condition to appear before the police station monthly, and the intimation regarding the bail was to be sent to the complainant.

JUDGMENT

Gurpal Singh ahluwalia, J. - Case diary is available.

This second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First bail application of the applicant was dismissed as withdrawn by order dated 06/04/2022 passed in MCRC No.16096/2022.

The applicant has been arrested on 11/03/2022 in connection with Crime No.99/2022 registered at Police Station Dehat Basoda, Disttrict Vidisha for offence under Sections 323, 307, 294, 506 and 34 of IPC.

It is submitted by the counsel for the applicant that according to the prosecution case, on 10/03/2022 some dispute had taken place between injured ajay and Preetam. at about 6:30 pm he was in his house and injured ajay standing outside of the house. It is alleged that on the said issue Saurabh, Preetam and the applicant came on the spot. Saurabh was having an iron rod, whereas Preetam was having Farsa and the applicant was having a Lathi and they started abusing the injured ajay. It is alleged that Saurabh assaulted the injured on his head by the iron rod, as a result, he sustained injuries. It is submitted by the counsel for the applicant that even according to the prosecution case, no assault was made by the applicant. The applicant is in jail from 11/03/2022. The previous bail application of the applicant was rejected mainly on the ground that the main accused Saurabh is absconding, but now he has been arrested. 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 it is true that there is no allegation of assault by the applicant, but he has a criminal history. apart from the present case, the applicant has five more cases against him including two under NDPS act.

Considering the nature of allegations as well as 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.

It is further directed that the applicant shall appear before the S.H.O. Police Station Dehat Basoda, District Vidisha on 1st of every month during the pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.

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.

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