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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
G. S. Ahluwalia, J.
Sobran – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.64021 of 2021
Decided On : 03-01-2022
Bail - Criminal Offences - The court granted bail to the applicant, who was arrested for offences under Sections 307, 294, 147, 148 of IPC, considering the nature of allegations and period of detention, without commenting on the merits of the case.
Fact of the Case:
The applicant was arrested for offences under Sections 307, 294, 147, 148 of IPC in connection with an incident where the complainant, an employee of a Contractor, was assaulted and thrown into a dam by the applicant and other co-accused persons.
Finding of the Court:
The court allowed the application for bail, directing the applicant to furnish a personal bond and surety, and to appear before the police station on specified dates during the pendency of the trial.
Issues: The main issue was whether the applicant should be granted bail despite the serious nature of the allegations against him.
Ratio Decidendi: The court considered the nature of allegations, period of detention, and the possibility of the applicant absconding or tampering with the prosecution case in granting bail.
Final Decision: The court allowed the application for bail, imposing conditions on the applicant's release.
JUDGMENT
G.S. Ahluwalia, J. - This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
2. The applicant has been arrested on 6.12.2021 in connection with Crime No.295/2021 registered at Police Station Khaniyadhana, District Shivpuri for offence under Sections 307, 294, 147, 148 of IPC.
3. It is submitted by the counsel for the applicant that according to the prosecution case, the complainant who is an employee of a Contractor was on patrolling in the dam. It was found that some thieves were illegally fishing in the dam and when they were asked not to do so, then the applicant as well as other co-accused persons jumped on to the steamer of the complainant and after assaulting them, threw them in the dam. It is submitted that except Vinod no other person had suffered any external injury. The applicant is in jail for the last about 28 days. In view of the criminal antecedents of the applicant, he is ready and willing to abide by any stringent condition, which may be imposed by this Court and the applicant also undertakes to stay away from the dam and would not involve himself in the theft of fishes. This Court has granted bail to the co-accused Brajesh and Gabbar Singh by orders dated 23.9.2021 and 22.12.2021 passed in M.Cr.C.No.47123/2021 and M.Cr.C.No.62926/2021 respectively. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
4. Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant is specifically named in the FIR. The allegations are that they were illegally fishing in the dam and when it was objected by the employees of the Contractor, not only they were beaten and they were also thrown in the dam with a solitary intention to kill them. It is further submitted by the counsel for the State that the applicant was not named in the FIR and no test identification parade has been conducted.
5. 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.
6. It is further directed that the applicant shall appear before the S.H.O. Police Station Khaniyadhana, District Shivpuri 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.
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 may grant bail considering the nature of allegations and period of detention, without commenting on the merits of the case.
The court may grant bail considering the nature of allegations and period of detention, without commenting on the merits of the case.
The court's decision to grant bail was influenced by the nature of allegations and the period of detention, without expressing any opinion on the merits of the case.
Grant of bail based on lack of legal evidence connecting the applicant to the offence and the specific circumstances of the case.
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 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 has the discretion to grant bail based on the nature and gravity of the offence, the arguments presented, and the circumstances of the case.
The decision to grant bail was influenced by the absence of a fracture in the victim's leg and the lack of criminal history for the applicant, indicating a lower risk of absconding or tampering with ....
The main legal point established is that the period of detention and lack of criminal antecedents can be considered in granting bail, without commenting on the merits of the case.
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