Madhya Pradesh High Court
Bhoopendra Parihar vs The State Of Madhya Pradesh on 10 December, 2021
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC-58245-2021
Bhoopendra Parihar Vs. State of MP
Gwalior, Dated : 10-12-2021
Shri Suraj Pratap Singh Kushwah, Counsel for the applicant.
Shri C.P. Singh, Counsel for the State.
Case diary is available.
This first application under Section 439 of Cr.P.C. has been
filed for grant of bail.
The applicant has been arrested on 13.08.2021 in connection
with Crime No.393/2021 registered at Police Station Kotwali,
District Datia for offence under Sections 379, 414 of IPC.
It is submitted by Counsel for the applicant that according to
the prosecution case, the stolen motorcycle of complainant has been
seized from the possession of applicant. It is fairly conceded that two
more stolen motorcycles have been recovered from the possession of
applicant. However, it is submitted that applicant is in custody since
13.08.2021
and in view of the criminal antecedents of the applicant
as well as seizure of two more stolen motorcycles from the
possession of applicant, he is ready and 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. It is further
submitted that this Court has granted bail to the co-accused Mahesh
THE HIGH COURT OF MADHYA PRADESH
MCRC-58245-2021
Bhoopendra Parihar Vs. State of MP
@ Juli Ahirwar by order dated 24.11.2021 passed in M.Cr.C.
No.47674/2021.
Per contra, the application is vehemently opposed by Counsel
for the State. It is submitted that two more stolen motorcycles have
been seized from the possession of applicant and applicant has a
criminal history.
Considering the period of detention and without commenting
on the merits of the case, the application is allowed. It is directed that
the applicant shall be released on bail on furnishing cash surety of
Rs.1,00,000/- (Rupees One Lac Only) or in the alternative on
depositing his original title-deed(s) [not Rin Pustika] of the
immovable property worth of more than the said amount, as directed
by the Supreme Court in the case of Sharo @ Shahrukh Vs. The
State of MP by order dated 06.09.2021 passed in SLP (Cri)
No.6321/2021 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.
It is made clear that single default in appearance before the
Trial Court, or in case of registration of new offence, this bail order
shall automatically come to an end and the cash surety so furnished
THE HIGH COURT OF MADHYA PRADESH
MCRC-58245-2021
Bhoopendra Parihar Vs. State of MP
by the applicant shall automatically stand forfeited without any
reference to the Court. In case, the title deeds have been deposited,
then the same shall not be returned unless and until the surety amount
is deposited.
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 rules.
(G.S. Ahluwalia)
Judge
Abhi
ABHISHEK
CHATURVEDI
2021.12.10
14:25:22 +05'30'
