Vikram Singh Lodhi vs State Of M.P

G.S. Ahluwalia, J

This fourth repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. Third bail application of the applicant was dismissed by order dated 04/02/2022 passed in MCRC No.5033/2022.

The applicant has been arrested on 04/12/2021 in connection with Crime No.257/2021 registered at Police Station Gyaraspur, District Vidisha for offence under Sections 294, 323, 341, 506, 34, 325 and 326 of IPC and Section 25 of the Arms Act.

It is submitted by the counsel for the applicant that third bail application of the applicant was dismissed by order dated 04/02/2022 passed in MCRC No.5033/2022 with liberty to revive the prayer after undergoing some reasonable period of detention. It is submitted that according to the prosecution case, the complainant was waylaid by the applicant and co-accused persons and was assaulted. The applicant is alleged to have assaulted on the elbow of the complainant resulting in fracture. He is in jail for the last three 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. However, after going through the police case diary, it was fairly conceded that there is nothing in the case diary to indicate the criminal antecedents of the applicant.

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) 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.

Certified copy as per rules.