Dinesh Jatav vs State Of M.P

G.S. Ahluwalia, J

This second application under Section 439 of Cr.P.C. has been filed for grant of bail. First application was dismissed as withdrawn by order

dt.26.10.2021 passed in M.Cr.C. No.52475/2021.

The applicant has been arrested on 06.07.2021 in connection with Crime No.82/2021 registered at Police Station Indar, Distt. Shivpuri (M.P.) for

offence under Sections 324, 323, 294, 341, 506, 325, 326/34 of IPC.

It is submitted by the counsel for the applicant that the applicant is in jail for last more than six months. According to the prosecution case the applicant

has given a solitary axe blow on the head of the injured causing injury on his head, which also resulted in multiple fractures. However, in view of the

period of detention coupled with the fact that the applicant has no criminal history, his application for grant of bail may be considered. 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. However, it is fairly conceded that the applicant has no criminal

history.

Considering the facts and circumstances of the case, 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.