Ramkesh Gurjar vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

This third application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed by order dated 7.7.2022 passed in M.Cr.C.No.30833/2022.

The applicant has been arrested on 9.2.2022 in connection with Crime No.7/2020 registered at Police Station Bamhari, District Shivpuri for offence under Sections 327, 294, 323, 147, 148, 149, 395 of IPC, under Section 11/13 of MPDVPK Act and under Section 25/27 of the Arms Act.

It is submitted by the counsel for the applicant that according to the prosecution case, on 3.10.2020 when the complainant along with others were going on a Jeep to Shivpuri, they were stopped by some unknown persons and they abused and scolded that since they are operating mines, therefore, they must give money for purchasing liquor. The complainant and other persons ran towards the forest area in order to save their lives. The second bail application was rejected on a statement made by the State Counsel that in the Test Identification Parade the applicant was duly identified but in fact it appears that there was some misconception of fact. On 18.4.2022, the Test Identification Parade was conducted and the tick mark was made in the column meant for wrong and in the remark also it is mentioned that the applicant was not correctly identified. Thus, it is clear that the applicant was not identified in the Test Identification Parade on 18.4.2022. The applicant is in jail for the last more than six months. 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 the applicant was absconding and has a criminal history and four more criminal cases have been registered against him.

Heard the learned counsel for the parties.

From the order dated 7.7.2022 passed in M.Cr.C.No.30833/2022 the application was rejected primarily on the basis of a statement made by the State Counsel that the applicant has been duly identified in the Test Identification Parade but now in view of the fact that the applicant was not identified in the Test Identification Parade conducted on 18.4.2022 coupled with the fact that he is in jail for the last more than six months 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 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.

The application is allowed.