Vishal Chaurasiya vs The State Of Madhya Pradesh
2021 Latest Caselaw 1318 MP

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         THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.17838/2021
             Vishal Chaurasiya vs. State of M.P.

Gwalior, Dated : 06.04.2021

       Shri Deependra Singh Kushwah, Counsel for the applicant.

       Shri      Ravi   Ballabh   Tripathi,   Panel   Lawyer    for   the

respondent/State.

Case diary is available.

This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

The applicant has been arrested on 29.2.2021 in connection

with Crime No.69/2021 registered by Police Station

Vishwavidyalaya, District Gwalior for offence punishable under

Sections 376, 323, 506 of IPC.

It is submitted by the counsel for the applicant that the

prosecutrix is a married lady having one child. According to the FIR

itself she had physical relationship with the applicant on various

occasions. Further, she had also gone with the applicant to Pune

where she stayed in a lodge. The applicant is in jail for the last one

month. 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 respondent/State. It is submitted by the counsel for

the State that the applicant has criminal history and one more

criminal case has been registered against him.

THE HIGH COURT OF MADHYA PRADESH MCRC No.17838/2021 Vishal Chaurasiya vs. State of M.P.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case 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/-(Rs. 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 the 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 & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge (alok)

Digitally signed by ALOK KUMAR Date: 2021.04.06 15:22:53 +05'30'