Laakhan Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8171 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.58207/2021 (LAKHAN SINGH VS. STATE OF M.P.)

Gwalior, Dated : 03/12/2021

Shri R.S.Yadav, learned counsel for the applicant.

Shri Abhishek Sharma, learned counsel for the State.

Case diary is available.

This is second repeat application under Section 439 of Cr.P.C.

has been filed for grant of bail. First bail application of the applicant

was dismissed as withdrawn by order dated 03/06/2021 passed in

MCRC No.25194/2021.

The applicant has been arrested on 28/01/2021 in connection

with Crime No.85/2020 registered at Police Station Khaniyadhana,

District Shivpuri for offence under Section 392 of IPC and Sections

11 and 13 of MPDVPK Act.

It is submitted by the counsel for the applicant that the

previous bail application of the applicant was dismissed in view of

the criminal antecedents of the applicant. It is true that 14 criminal

cases were registered against the applicant but almost in all the

offences either he has been acquitted or he has been discharged on

account of compromise. It is further submitted that according to the

prosecution case, the complainant was robbed and his motorcycle, an

amount of Rs.5,150/- and a mobile worth Rs.500/- were taken away.

It is submitted that neither the motorcycle nor mobile of the

complainant has been seized from the possession of the applicant.

THE HIGH COURT OF MADHYA PRADESH MCRC No.58207/2021 (LAKHAN SINGH VS. STATE OF M.P.)

The recovery of Rs.2,000/- cannot be said to be an incriminating

evidence in absence of any specific mark on the currency notes. The

applicant is in jail from 28/01/2021. 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.

In view of the 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.

This order shall remain effective till the end of 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 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.

                                                                  (G.S. Ahluwalia)
Pj'S/-                                                                  Judge

  PRINCEE
  BARAIYA
  2021.12.03
  17:21:58 +05'30'