Rinku @ Rajveer vs The State Of Madhya Pradesh
2021 Latest Caselaw 8390 MP

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          THE HIGH COURT OF MADHYA PRADESH
                     MCRC-59963-2021
               Rinku @ Rajveer Vs. State of M.P.

Gwalior, Dated : 07/12/2021

      Shri Anurag Sharma, Counsel for applicant.

      Shri C.P. Singh, Panel Lawyer for the State.

      Case diary is available.

      This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

      The applicant has been arrested on 18.11.2021 in connection

with Crime No.213/2020 registered at Police Station Purani Chavani,

District Gwalior for offence under Sections 392, 395, 342 and 412 of

IPC and Section 11/13 of the MPDVPK Act.

      It is submitted by the counsel for the applicant that according to

the prosecution case, one truck, which was containing buffaloes was

forcibly taken away. It is submitted that the applicant has been

implicated on the basis of the confessional statement made by the co-

accused person. Nothing has been seized from the possession of the

applicant. He is in jail from 18/11/2021 and the Test Identification

Parade has not been conducted. The Trial is likely to take sufficiently

long time and there is no possibility of his absconding or tampering

with the prosecution case. It is further submitted that by orders dated

09/11/2021

& 24.11.2021, this Court has granted the bail to co-

accused Harish @ Harendra @ Gangadhar & Ramniwas in MCRC

No.53534/2021 & 57241/2021 respectively.

Per contra, the application is vehemently opposed by the

THE HIGH COURT OF MADHYA PRADESH MCRC-59963-2021 Rinku @ Rajveer Vs. State of M.P.

counsel for the State. It is submitted that since, the complainant is not

traceable, therefore, the TIP could not be held.

In reply, it is submitted by the counsel for the applicant that in

case, if the applicant is summoned for participating in TIP at a later

stage, then he would co-operate with the investigation and would

never take a defence that the complainant might have seen the

applicant.

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/-(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.

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 18/3/2021

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) Judge Arun* ARUN KUMAR MISHRA 2021.12.08 17:29:15 +05'30'