Rakesh Jatav vs The State Of Madhya Pradesh
2021 Latest Caselaw 1376 MP

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               THE HIGH COURT OF MADHYA PRADESH
                         MCRC No.17108/2021
                   (RAKESH JATAV VS. STATE OF M.P.)

Gwalior dtd. 07/04/2021
         Shri Vinod Kumar, learned counsel for the applicant through

video conferencing.

         Shri Devendra Chaubey, learned Public Prosecutor for the

State.

         Case diary is available.

         This fourth repeat application under Section 439 of Cr.P.C.

has been filed by the applicant for grant of bail.

         The applicant is in jail from 01/08/2020 in connection with

Crime No.457/2020, registered at Police Station Janakganj, District

Gwalior for the offence under Sections 306 and 34 of IPC.

         It is submitted by the counsel for the applicant that although

the previous bail applications of the applicant have been rejected on

merits but the applicant is in jail for the last more than eight

months. It is submitted by the counsel for the applicant that

according to the prosecution case, the applicant was pressurizing

the deceased to execute a sale deed of his house in the favour of the

applicant. 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. However, after going through the

police case diary, it is submitted that the applicant has no criminal

history.

Heard the learned counsel for the parties.

Considering the period of detention as well as 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

18/03/2021 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)
Pj'S/-                                                               Judge

         PRINCEE BARAIYA
         2021.04.07
         17:34:41 -07'00'