Manmohan Singh vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed by order dated 7.9.2022 passed in M.Cr.C.No.41497/2022.

The applicant has been arrested on 2.8.2022 in connection with Crime No.555/2021 registered at Police Station Inderganj, District Gwalior for offence under Sections 323, 294, 506, 394, 34 of IPC and under Section 11/13 of MPDVPK Act.

This repeat application has been filed for grant of bail on the ground of period of custody.

It is submitted by the counsel for the applicant that according to the prosecution case, ice-cream vendor was assaulted as the co-accused was not ready to pay the entire consideration amount. It is submitted that the first bail application was dismissed with liberty to revive the prayer after undergoing the same period of detention which has been undergone by the co-accused Anand Singh Jadon who has been granted bail by order dated 21.7.2022 passed in M.Cr.C.No.31895/2022. It is submitted that Anand Singh Jadon was arrested on 28.4.2022 and was granted bail by order dated 21.7.2022 whereas the applicant has been arrested on 2.8.2022 and thus it is clear that he has undergone the similar period of detention which was undergone by the co-accused Anand Singh Jadon. 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. It is submitted that since the case diary is available in the case of co-accused and, therefore, he is not in a position to make a statement with regard to the criminal antecedents of the applicant.

Heard the learned counsel for the parties.

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 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 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.

This application is allowed.