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Madhya Pradesh High Court

Manti Lal vs The State Of Madhya Pradesh on 9 May, 2022

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                             ON THE 9th OF MAY, 2022

                 MISC. CRIMINAL CASE No. 22869 of 2022

         Between:-
         MANTILAL S/O RAMSINGH MEENA , AGE- 43
         YE A R S , OCCUPATION: AGRICULTURE, R/O
         GRAM AAMLYA TEHSIL KUMBHRAJ, DISTRICT
         GUNA (MADHYA PRADESH)

                                                             .....APPLICANT
         (BY SHRI M.M. TRIPATHI-ADVOCATE)

         AND

         THE STATE OF MADHYA PRADESH THROUGH
         POLICE STATION KUMBHRAJ DISTRICT GUNA
         (MADHYA PRADESH)

                                                           .....RESPONDENT
         (BY SHRI C.P SINGH - PANEL LAWYER)

       This application coming on for hearing on this day, the court passed
the following:
                                    ORDER

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 13.11.2021 in connection with Crime No.284/2021 registered at Police Station Kumbhraj, District Guna for offence under Sections 307, 294, 506-B, 149 of IPC and Section 25/27 of Arms Act.

It is submitted by the Counsel for the applicant that according to the prosecution case, on 7.11.2021 at about 7:30 PM, the applicant and co-accused Harbhajan, Pawan and Vankat were abusing the complainant as a result the 2 complainant went inside his house and the accused persons continued to abuse from outside of his house and were also extending a threat that he should come out and he will not be spared. Thereafter, at about 8:30 when the complainant came out of the house and requested not to abuse him, then all the four persons started abusing with exhortation that he should be killed and, accordingly, the co-accused Banti and Pawan fired gunshot causing injuries to the complainant. It is submitted that the only allegation against the applicant is that he had fired in air. The applicant is in jail from 13.11.2021. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. It is further submitted that co-accused Satyabhan @ Nikhil and Vankat have already been granted bail by orders dated 21.01.2022 and 23.03.2022 passed in M.Cr.C. Nos.3475/2022 and 14434/2022 respectively.

Per contra, the application is vehemently opposed by the Counsel for the respondent/State.

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.

Certified copy as per rules.

(G.S. AHLUWALIA) JUDGE Aman AMAN TIWARI 2022.05.09 17:22:13 +05'30'