Yashpal Singh @ Sonu vs The State Of Madhya Pradesh
2021 Latest Caselaw 8313 MP

                                    1                           MCRC-48974-2021
        The High Court Of Madhya Pradesh
                MCRC No. 48974 of 2021
               (YASHPAL SINGH @ SONU Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 06-12-2021
      Shri Puran Kulshrestha, learned counsel for the applicant.

      Shri Alok Sharma, learned P.L. for respondent/State.

This is the fifth bail application under Section 439 of Cr.P.C filed by t h e applicant for grant of bail. His first, second, third and forth bail applications were dismissed on merits vide orders dated 9.3.2021 and

4.5.2021 14.07.2021 passed in M.Cr.C Nos.2959 of 2021, 21660 of 2021, 34481/2021 and 40567/2021 respectively.

Applicant has been arrested by. Police Station Maharajpura, District Gwalior (MP) in connection with Crime No.138/2019 registered in relation to the offence punishable u/S. 420,467, 468 and 34 of IPC.

It is pointed out that he is in custody since 30.10.2021. Charge sheet has already been filed in the matter, therefore, there is no need to further custodial interrogation of the present applicant. It is submitted that the trial is not proceeded in the matter. Some order sheets have been filed to

demonstrate the delay in trial. It is pointed out that even charges have not been framed till date. He has relied upon the judgment passed by this Court in the case of Mohan Raikwar Vs. State of M.P. reported in 1999 (2) MPLJ 663, wherein, this Hon'ble Court considering the fact that each day's confinement, each day's delay and each day's detention of the petition should be taken as a relevant consideration while considering the second application and has allowed the application. Upon these circumstances, he prays for bail.

Per contra, learned counsel for the State has vehemently opposed the bail application stating that earlier all bail applications have already been rejected on merits on earlier occasions, therefore, there is no new ground is available to the present applicant for grant of bail. It is further pointed out that the trial Court is fairly proceeded in the matter and short dates are being fixed. Order sheets does not disclose that there is any delay on the part of the 2 MCRC-48974-2021 prosecution.

Considering the aforesaid facts and circumstances of the case, this Court does not deem it appropriate to allow the present bail application at this stage. Hence, present bail application is hereby rejected.

(VISHAL MISHRA) JUDGE

(LJ*) LOKENDRA JAIN 2021.12.07 18:27:22 +05'30'