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Judgment
9 paragraphs · 406 wordsGurpal Singh Ahluwalia, J
This fourth repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. The third application was dismissed by order dated 18/10/2022 passed in MCRC No.49068/2022.
The applicant has been arrested on 12/05/2022 in connection with Crime No.610/2021 registered at Police Station Maharajpura, District Gwalior for offence under Sections 147, 148, 149, 307, 294, 506, 323, 325, 326 of IPC.
This repeat application has been filed for grant of bail mainly on the ground of period of detention. It is submitted by the counsel for the applicant that according to the prosecution case, the applicant had assaulted on the head of the injured. It is true that the incident took place on 19/09/2021 and he could be arrested only on 12/05/2022 and that too after a reward of Rs.5,000/- was declared, but now he is in jail for the last more than six months. The third application was dismissed by order dated 18/10/2022 passed in MCRC No.49068/2022 with liberty to revive the prayer after undergoing some reasonable period of detention. 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 as well as counsel for the complainant. It is submitted by the counsel for the State that the applicant has a criminal history and three more criminal cases have been registered against him i.e. first under Section 327 and 341 of IPC, second under Sections 323, 294 of IPC and third under Section 25/27 of the Arms Act.
Considering the 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.
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.