Vijay Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 1381 MP

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               THE HIGH COURT OF MADHYA PRADESH
                          MCRC No.18173/2021
                    (VIJAY YADAV VS. STATE OF M.P.)

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

video conferencing.

         Shri Devendra Chaubey, learned Public Prosecutor for the

State.

         Case diary is available.

         This third 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 02/12/2020 in connection with

Crime No.542/2020, registered at Police Station Jhansi Raod,

District Gwalior for the offence under Sections 394 and 34 of IPC,

Section 11/13 of the MPDVPK Act and Section 25 and 27 of the

Arms Act.

         It is submitted by the counsel for the applicant that the first

and second bail applications were rejected with liberty to revive

after the charge-sheet is filed. It is submitted that the police after

completing the investigation has filed the charge-sheet on

26/03/2021. The allegations are that the applicant had tried to

commit robbery in the house of the complainant. However, due to

resistance by the inmates of the house, the applicant and co-accused

had succeeded in taking away the mobile. The trial is likely to take

sufficiently long time and there is no possibility of his absconding
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            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
         17:34:20 -07'00'