Kanhaiya Jatav vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

This eighth application under Section 439 Cr.P.C. has been filed for grant of bail. Seventh application was dismissed as withdrawn by order dated 25.07.2022 passed in M.Cr.C. No.35641/2022.

The applicant has been arrested on 19.01.2021 in connection with Crime No.143/2020 registered at Police Station Sirsod District Shivpuri for offence under Sections 307, 341, 195, 120-B, 34 of IPC and Section 25/27 of Arms Act.

It is submitted by the counsel for the petitioner that according to the prosecution case, the applicant and co-accused Sanjay Kushwah hatched a conspiracy to falsely implicate the innocent persons and in furtherance of that conspiracy, the applicant had fired at Sanjay Kushwah causing superficial injury and lodged a false report against innocent persons. It is submitted that although eyewitness Sanjay Rawat (PW-2) has deposed against the applicant, but the applicant is in jail from 19.01.2021, i.e., more than one and half years. 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 submitted that the applicant has a criminal history and one more offence under Sections 120-B, 201, 307, 34 and 420 of IPC has been registered against the applicant.

Considering the period of detention, coupled with the fact that the co-accused Sanjay Kushwaha, to whom injury was caused, has already been granted bail by order dated 16.07.2021 and without commenting anything 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.

It is further directed that the applicant shall appear before the S.H.O. Police Station Sirsod, District Shivpuri on 1st of every month during the pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.

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.