Brajendra Singh vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 1001

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
G.S. Ahluwalia, J.
Brajendra Singh & Anr. – Appellants
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 11590 of 2022
Decided On : 11-03-2022

Advocates Appeared:
A.K.Dwivedi, Advocate, C.P.Singh, Advocate
Final Result : Allowed

Headnote:(A) Code of Criminal Procedure, 1973 - Section 439 - Bail application - Second repeat application for bail was granted for applicant No.1, who was in jail since 08/02/2021, armed with a firearm but without allegations of gunshot firing - Application for bail for applicant No.2 was dismissed as withdrawn, with liberty to revive after reasonable detention. (Paras 1-5)

(B) Criminal Procedure - Consideration of bail - The court took into account the criminal antecedents and the nature of allegations against the applicants, allowing bail for the one with lesser allegations based on totality of circumstances. (Paras 3-5)

(C) Notification of bail - Intimation regarding the grant of bail to be sent to the complainant as per previous Supreme Court judgment. (Para 6)

Facts of the case:
The applicants were arrested for offences under multiple IPC sections. The application for bail for applicant No.1 was supported by the absence of gunshot allegations while applicant No.2 sought withdrawal of his application.

Findings of Court:
Bail granted to applicant No.1 with stringent conditions; application of applicant No.2 dismissed as withdrawn.

Issues: The main issues were the considerations for bail in light of the applicant's criminal history and the nature of allegations.

Ratio Decidendi: The court ruled that the applicant's lack of serious allegations, combined with time served, warranted bail, underscoring the importance of evaluating circumstances in bail applications.

Result: Bail granted for applicant No.1, application for applicant No.2 dismissed.

JUDGMENT

G.S. ahluwalia, J. - This second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First bail application of the applicants was dismissed as withdrawn by order dated 18/02/2022 passed in MCRC No.8780/2022.

The applicants have been arrested on 08/02/2021 in connection with Crime No.300/2021 registered at Police Station Gohad Chauraha, District Bhind for offence under Sections 34 1, 327, 294, 329 and 506/34 of IPC.

It is submitted by the counsel for the applicants that according to the prosecution case, the applicant No.1 Brajendra Singh was armed with a fire arm whereas, applicant No.2 Lalu @ Lalaram Kushwah had assaulted the complainant on his head twice by Lathi and there is no allegation of firing of gunshot against applicant No.1 Brajendra Singh. He is in jail from 08/02/2021. In view of the criminal antecedents of applicant No.1 Brjaendra Singh, he is ready and willing to abide by any stringent condition, which may be imposed by this Court. However, in view of the allegations that applicant No.2 Lalu @ Lalaram Kushwah had assaulted on the head of the injured twice, which is corroborated by the medical evidence, the counsel for the applicants seeks permission of this Court to withdraw this application filed by applicant No.2 Lalu @ Lalaram Kushwah with liberty to revive the prayer after undergoing some reasonable period of detention.

Per contra, the application filed by applicant No.1 Brajendra Singh is vehemently opposed by the counsel for the State. It is submitted that applicant No.1 Brajendra Singh has a criminal history and one more criminal case for offence under Section 323 , 294 and 506 of IPC has been registered against him.

Considering the totality of the facts and circumstances, coupled with fact that there is no allegation of firing a gunshot against applicant No.1 Brajendra Singh and he is in jail for the last one month, the application is allowed. It is directed that applicant No.1 Brajendra Singh 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.

So far as the application filed by applicant No.2 Lalu @ Lalaram Kushwah is concerned, the same is dismissed as withdrawn with liberty to revive the prayer after undergoing some reasonable period of detention.

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.

Certified copy as per rules.

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