Nirmal vs State Of Madhya Pradesh

Gurpal Singh Ahluwalia, J

Case diary is not available.

It is submitted by counsel for applicant that since an elaborate order has been passed by the court below, therefore his application for bail may be considered. It is further submitted that his examination of third semester are going to commence from 3rd of January, 2024, therefore, this case may be heard even in absence of case diary.

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

Applicant has been arrested on 6.11.2023 in connection with Crime No. 551/2023 registered by Police Station Pachore District Rajgarh for offence punishable under Section 294, 323, 506, 353, 186 of IPC.

According to the prosecution case, when the employees of Electricity Board went to the house of the applicant then it was found that he was running a flour mill by illegally taking electricity connection and when he was suggested not to do so then team members were assaulted and their cloths were torn and they were also abused. It is submitted that the applicant is in jail from 6.11.2023. 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 in absence of police case diary he is not in a position to make a statement with regard to the criminal antecedent of the applicant. However, it is submitted that in the rejection order there is a reference of one criminal case No. 460/2023.

Heard the learned counsel for the parties.

Considering the nature of allegation as well as the period of detention coupled with the fact that the examination of third semester are going to commence from 3rd of January, 2024, this Court is of the considered opinion that he can be granted bail.

Accordingly, it is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh 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 o f 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 succeeds and is allowed.