Hemant Balmik vs State Of Madhya Pradesh

Vivek Agarwal, J

Applicant/Hemant Balmik has filed this first bail application under Section 439 of CrPC in connection with Crime No.152/2018 under Section 392 of

IPC registered at police station City Kotwali, District Rewa (M.P) and applicant is in custody since 27/11/2021.

Learned counsel for the applicant submits that this is case of bail jump. Vide order dated 25/09/2018 Chief Judicial Magistrate, Rewa had granted bail

to the applicant on his furnishing bond of Rs.25,000/- and sureties of the same amount. On 26/09/2018 applicant had furnished bail bond and he was

directed to be released. Case was committed to the sessions court on 12/10/2018 and when case was fixed for arguments on charge on 13/10/2018.

On 04/12/2018 applicant was absent. He could be arrested only on 27/11/2021. It is submitted that due to lock down, applicant could not contact his

counsel and he was working in Gujrat, therefore, he could not appear before the Trial court and prays for releasing of applicant on bail.

Learned Panel Lawyer for the State opposes the prayer made by learned counsel for the applicant.

Taking into consideration submissions of learned counsel for the parties and the fact that applicant was already on bail and applicant is in custody since

27/11/2021, this bail application is allowed. It is directed that applicant Hemant Balmik be released on bail on his furnishing a fresh personal bond to

the tune of Rs.50,000/- with two local solvent sureties in the like amount to the satisfaction of the learned Trial Court with further stipulation that

applicant shall deposit sum of Rs.25,000/- as fine before the trial court. It is further directed that the applicant shall comply with the provisions of

Section 437(3) of the Cr.P.C.

In above term, this bail application is disposed of.