Madhya Pradesh High Court
Shivraj Singh Yadav vs The State Of Madhya Pradesh on 29 March, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
MCRC-13924-2022
Shivraj Singh Yadav Vs. State of MP
Gwalior, Dated: 29.03.2022
Shri S.K. Shrivastava, Counsel for the applicant.
Shri Rajeev Upadhyay, Counsel for the respondent/State.
Case diary is available.
This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 31.1.2022 in connection with Crime No.59/2022 registered at Police Station Padav, District Gwalior for offence under Sections 147, 148, 149, 186, 307, 353 of IPC.
It is submitted by the counsel for the applicant that on the fateful day, the members of NSUI were staging a political protest and had decided to burn effigy of the Chief Minister. The injured who is working as Sub-Inspector in the Police Department and was on his duty to maintain law and order, tried to snatch the burning effigy, as a result, he got burnt. There was no intentional act on the part of the applicant.
Per contra, the application is vehemently opposed by the counsel for the respondent/State. It is submitted that it was a deliberate act on the part of the applicant by pouring petrol at the time when the injured was trying to snatch the effigy and the police officer had sustained extensive burns on the upper part of his body. 2
THE HIGH COURT OF MADHYA PRADESH MCRC-13924-2022 Shivraj Singh Yadav Vs. State of MP In reply, it is submitted by the counsel for the applicant that it is true that untoward incident took place during political drama, but was never intended by the applicant to commit such an offence. It is further submitted that the marriage of the applicant is fixed for 6.5.2022 and, therefore, he may be granted temporary bail so that he can attend his own marriage.
The prayer for interim bail is opposed by the counsel for the respondent/State and submitted that the applicant can be sent to attend his marriage ceremony in the police custody.
Heard the learned counsel for the parties. So far as the merits of the case are concerned, in the light of dying declaration of the injured Deepak Gautam which was recorded by the Tahsildar (as the injured has survived, therefore, the said statement cannot be treated as dying declaration, but it can always be treated as the first statement recorded under Section 164 of Cr.P.C.), specific allegation has been made against the applicant.
Under these circumstances, this Court is of the considered opinion that the applicant is not entitled for bail at this stage.
Heard on I.A.No.5183/2022, an application for grant of interim bail.
It is the case of the applicant that his marriage is fixed for 6.5.2022.
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THE HIGH COURT OF MADHYA PRADESH MCRC-13924-2022 Shivraj Singh Yadav Vs. State of MP Under these circumstances, this Court is of the considered opinion that at present, no case is made out for grant of interim bail. However, the applicant can renew his prayer for grant of temporary bail just few days prior to his date of marriage.
The application fails and is hereby dismissed.
(G.S. Ahluwalia) Judge (alok) ALOK KUMAR 2022.03.30 15:27:28 +05'30'