Pinki @ Pratap vs The State Of Madhya Pradesh
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THE HIGH COURT OF MADHYA PRADESH MCRC No. 57847/2021 (PINKI @ PRATAP Vs STATE OF MADHYA PRADESH)

Gwalior, Dated : 03/12/2021

Shri Anoop Shivhare, Counsel for applicant.

Shri Abhishek Sharma, Counsel for State.

Case diary is available.

This second application under Section 439 of Cr.P.C. has been

filed for grant of bail. The first application was dismissed by the

Coordinate Bench of this Court by order dated 17.11.2021 passed in

M.Cr.C. 56131/2021 as withdrawn with liberty to repeat his prayer

after filing of the charge-sheet. As the Hon'ble Judge has been

transferred, therefore, this application has been placed before this

Court.

The applicant has been arrested on 22.10.2021 in connection

with Crime No.264/2021 registered by Police Station Narwar, District

Shivpuri for offence punishable under Sections 294, 323, 327 of IPC.

It is submitted by Counsel for the applicant that according to

the prosecution case, the applicant had demanded Rs.500/- for

purchasing liquor and when it was not given, then the complainant

was abused and beaten. It is further submitted that first bail

application was withdrawn from the Court of the Coordinate Bench

with liberty to revive the prayer after filing of the charge-sheet. The

police after completing the investigation has filed the charge-sheet. In

view of the criminal antecedents of the applicant, he is ready and

THE HIGH COURT OF MADHYA PRADESH MCRC No. 57847/2021 (PINKI @ PRATAP Vs STATE OF MADHYA PRADESH)

willing to abide by any stringent condition which may be imposed by

the Court. The trial is likely to take sufficiently long time and there is

no possibility of his absconding or tampering with prosecution case.

Per contra, the application is vehemently opposed by Counsel

for the State. It is submitted that according to the criminal

antecedents, as many as four more criminal cases were registered

against applicant. Furthermore, in two other cases, non-cognizable

offence were found and on two occasions the preventive measure

under Section 110 of Cr.P.C were taken against the applicant.

In view of 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 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.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Narwar, District Shivpuri on 1st of every

month during the pendency of the Trial. In case of bail jump or non-

appearance of the applicant before the police station as directed by

this Court, this order shall lose its effect.

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

THE HIGH COURT OF MADHYA PRADESH MCRC No. 57847/2021 (PINKI @ PRATAP Vs STATE OF MADHYA PRADESH)

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) Judge

Aman AMAN TIWARI 2021.12.03 19:04:34 +05'30'