Sobran vs State Of M.P

G.S. Ahluwalia, J

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

The applicant has been arrested on 6.12.2021 in connection with Crime No.295/2021 registered at Police Station Khaniyadhana, District Shivpuri for

offence under Sections 307, 294, 147, 148 of IPC.

It is submitted by the counsel for the applicant that according to the prosecution case, the complainant who is an employee of a Contractor was on

patrolling in the dam. It was found that some thieves were illegally fishing in the dam and when they were asked not to do so, then the applicant as

well as other co-accused persons jumped on to the steamer of the complainant and after assaulting them, threw them in the dam. It is submitted that

except Vinod no other person had suffered any external injury. The applicant is in jail for the last about 28 days. In view of the criminal antecedents of

the applicant, he is ready and willing to abide by any stringent condition, which may be imposed by this Court and the applicant also undertakes to stay

away from the dam and would not involve himself in the theft of fishes. This Court has granted bail to the co-accused Brajesh and Gabbar Singh by

orders dated 23.9.2021 and 22.12.2021 passed in M.Cr.C.No.47123/2021 and M.Cr.C.No.62926/2021 respectively. 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 is specifically named in the FIR. The

allegations are that they were illegally fishing in the dam and when it was objected by the employees of the Contractor, not only they were beaten and

they were also thrown in the dam with a solitary intention to kill them. It is further submitted by the counsel for the State that the applicant was not

named in the FIR and no test identification parade has been conducted.

Considering the nature of allegations as well as 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.

It is further directed that the applicant shall appear before the S.H.O. Police Station Khaniyadhana, District Shivpuri on 1st of every month during the

pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose

its effect.

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.