Navneet Sharma @ Lalu vs The State Of Madhya Pradesh
2021 Latest Caselaw 9144 MP

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          THE HIGH COURT OF MADHYA PRADESH
                      MCRC No. 61269/2021
   (NAVNEET SHARMA @ LALU Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 22/12/2021

      Shri H.K. Shukla, Counsel for applicant.

      Shri A.P.S. Tomar, Counsel for State.

      Case diary is available.

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

for grant of bail. The first application was dismissed by order dated

25.11.2021 passed in M.Cr.C. No.57494/2021.

      The applicant has been arrested on 15.11.2021 in connection

with Crime No.178/2021 registered at Police Station Janakganj

Gwalior, Distt. Gwalior for the offence under Sections 366, 354, 323,

506, 34 of IPC.

      It is submitted by Counsel for the applicant that according to

the prosecution case, the victims A & B, who are aged about 19 and

21 years respectively, were abducted by the applicant and Arman

Malik. Both of them were taken to Morena, where the co-accused

Arman Malik tried to outrage the modesty of the victim A, whereas

the victim B after collecting some courage, went to the house of her

grand mother and informed the incident. It is submitted that victim B

has clearly stated in her statement that the applicant went away and

there is no allegation that the applicant ever tried to outrage the

modesty of any of the victims. He is in jail for the last more than one

month. The trial is likely to take sufficiently long time and there is no
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                              THE HIGH COURT OF MADHYA PRADESH
                                          MCRC No. 61269/2021
                       (NAVNEET SHARMA @ LALU Vs THE STATE OF MADHYA PRADESH)

                    possibility of his absconding or tampering with prosecution case.

                          Per contra, the application is vehemently opposed by Counsel

                    for the respondent/State. However, it is fairly conceded that as per the

police case diary, the applicant has no criminal antecedents.

Heard the learned counsel for the parties.

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

Aman

AMAN TIWARI 2021.12.22 16:42:47 +05'30'