Jitendra Singh Gurjar vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

Case diary is available.

This third repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. Second bail application of the applicant was dismissed by order dated 28/06/2022 passed in MCRC No.30814/2022.

The applicant has been arrested on 28/02/2022 in connection with Crime No.610/2021 registered by Police Station -Maharajpura, District Gwalior for offence punishable under Sections 307, 323, 325, 326, 294, 506, 147, 148, 149 of IPC.

This repeat bail application has been filed for grant of bail. First bail application was withdrawn with liberty to revive the prayer after undergoing same period of detention, which was undergone by co-accused Mehtab Singh Gurjar. It is submitted that the applicant is in jail for the last more than five months. A free fight took place between the parties. The allegations against the applicant are that he had assaulted on the hand and back of Rakesh by an iron rod. Some members of the accused party had also sustained injuries and accordingly, a cross case has also been registered against the complainant party. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tempering with prosecution witnesses.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant was absconding for five months. Three corresponding injuries have been found on the body of Rakesh and pointed out from the MLC that one abrasion was found on the middle finger of the left hand and two abrasions were found on the back of Rakesh. It is further submitted that the applicant has a criminal history and one more offence under Section 34 of M.P. Excise Act was registered against him.

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 Only) 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 the 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 & Ors. 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 rule.