Bhura vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

This fourth application under Section 439 of Cr.P.C. has been filed for grant of bail.

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.

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.

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.

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.

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.