Deepu Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 9002 MP

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          THE HIGH COURT OF MADHYA PRADESH
                     MCRC-61504-2021
                 Deepu Singh Vs. State of MP

Gwalior, Dated : 20-12-2021

      Shri Ram Kumar Sharma, 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 05.07.2021 in connection

with Crime No.451/2020 registered at Police Station Mehgaon Distt.

Bhind for offence under Sections 392, 394, 201 of IPC and Section

11, 13 of MPDVPK Act.

      It is submitted by the counsel for the applicant that according

to the prosecution case, three unknown persons tried to snatch a

mangalsutra, one gold chain and one gold necklace from the wife of

the complainant, as a result, his wife fell down from the motorcycle

and the chain as well as mangalsutra were broken in pieces, whereas

the miscreants succeeded in taking away the necklace. It is submitted

that although the applicant has been identified in the Test

Identification Parade and a piece of chain and necklace have been

seized from his possession, but he is in jail for the last more than 5 ½

months. He has no criminal history. The Trial is likely to take

sufficiently long time and there is no possibility of his absconding or
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          THE HIGH COURT OF MADHYA PRADESH
                     MCRC-61504-2021
                 Deepu Singh Vs. State of MP

tampering with the prosecution case.

      Per contra, the application is vehemently opposed. It is

submitted that it is true that the case diary does not contain the

criminal antecedents of the applicant, but the bail application of the

co-accused Gopal and Anand have already been rejected on

10.11.2021

and 15.11.2021. However, it is fairly conceded that a

liberty was also granted to the co-accused to revive the prayer after

undergoing some reasonable period of detention.

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.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Mehgaon District Bhind 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 and others Vs. State of M.P. Passed on

THE HIGH COURT OF MADHYA PRADESH MCRC-61504-2021 Deepu Singh Vs. State of MP

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 14:45:05 +05'30'