Monu Raja Parmar vs The State Of Madhya Pradesh
2021 Latest Caselaw 9001 MP

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          THE HIGH COURT OF MADHYA PRADESH
                    MCRC-59936-2021
              Monu Raja Parmar Vs. State of MP

Gwalior, Dated : 20-12-2021

      Shri J.S. Rathore, Counsel for the applicant.

      Shri C.P. Singh, Counsel for the State.

      Case Diary is available.

      This first application under Section 439 of CrPC has been filed

for grant of bail.

      The applicant has been arrested on 12.10.2021 in connection

with Crime No.160/2021 registered at Police Station Amola Distt.

Shivpuri for offence under Section 392 of IPC and Section 11, 13 of

MPDVPK Act.

      It is submitted by the counsel for the applicant that according

to the prosecution case, two masked persons had looted the

complainant by taking away his bag containing Rs.70,000/-, key of

bank, lunch box, mobile as well as key of motorcycle. It is submitted

that the only allegation against the applicant is that he had given

information to the co-accused persons and he was involved in rekee

of the complainant. He is in jail from 12.10.2021. There is no

substantive evidence against the applicant. 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 this

Court has granted bail to the co-accused Panjab by order dated

24.11.2021

passed in M.Cr.C. No.56392/2021.

Per contra, the application is vehemently opposed by the

THE HIGH COURT OF MADHYA PRADESH MCRC-59936-2021 Monu Raja Parmar Vs. State of MP

counsel for the State. However, it is fairly conceded that on the basis

of memorandum of the applicant himself, it is clear that the applicant

was involved in the rekee. It is submitted that the applicant has

criminal history and four more criminal cases have been registered

against him.

Considered the submissions made by the Counsel for the

parties.

Considering 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) Judge Abhi ABHISHEK CHATURVEDI 2021.12.20 16:51:18 +05'30'