Madhya Pradesh High Court
MCRC/48147/2023 of GOPAL SINGH DANGI Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKARON THE 29[th] OF DECEMBER, 2023
MISCELLANEOUS CRIMINAL CASE No. 48147 of 2023
BETWEEN:-
GOPAL SINGH DANGI S/O SHRI SOORAT SINGH DANGI,AGED ABOUT 44 YEARS, OCCUPATION: DRIVER WORKR/O VILLAGE TARAVLI, TEHSIL GYARASPUR, DISTRICTVIDISHA (MADHYA PRADESH)
(BY SHRI GAURAV MISHRA-ADVOCATE)
.....APPLICANT
AND
STATE OF MADHYA PRADESH THROUGH POLICESTATION GYARASPUR DISTRICT VIDISHA (MADHYAPRADESH)
(BY SHRI SUSHANT TIWARI- GOVT. ADVOCATE FORRESPONDENT/STATE)
.....RESPONDENT
This application coming on for hearing this day, the court passed the following:
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ORDER
They are heard. Perused the case diary / challan papers.
2] This is the first bail application filed by the applicant under Section439 of Cr.P.C. as he is implicated in connection with Crime No.65/2010registered at Police Station Gyarspur, District Vidisha (M.P.) for offencepunishable under Sections 326/34, 324/34, 324, 294, 341 and 506 Part II ofIPC. The applicant is in custody since 04/10/2023.
3. Allegation against the applicant is of assault .
4 . Counsel for the applicant has submitted that this is a case of bail jump. The applicant was earlier granted bail by trial Court itself and the offencetook place in the year 2010. Counsel has further submitted that the applicantcould not mark his presence before the trial Court from 13.04.2017 to04.10.2023 because he had gone for his livelihood and subsequently he wasarrested. It is also submitted that applicant is lodged in jail since 04.10.2023 andthe final conclusion of trial is likely to take sufficient long time. Thus, it isprayed that the application be allowed and applicant be released on bail.
5. Counsel for the State has opposed the prayer.
6 . Having considered rival submissions, perusal of the record and thefact that the final conclusion of the trial is likely to take sufficient long time, thisCourt is inclined to allow the application.
7. Accordingly, without commenting on the merits of the case, the application filed by the applicant is allowed. The applicant is directed to bereleased on bail upon furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand) with one solvent surety of the like amount to the satisfaction of the trial Court for his/her regular appearance before thetrial Court during trial with a condition that he/she shall remain present beforethe Court concerned during trial and shall also abide by the conditionsenumerated under Section 437 (3) Criminal Procedure Code, 1973.
However, learned Judge of the trial court is requested to expedite the trial.
Certified copy as per rules.
shivani
(SUBODH ABHYANKAR)V.JUDGE