Madhya Pradesh High Court
Jagdish Baghel @ Kankadiya vs The State Of Madhya Pradesh on 26 July, 2021
Author: Deepak Kumar Agarwal
1
The High Court of Madhya Pradesh
MCRC No.36288 of 2021
Jagdish Baghel alias Kankadiya vs. State of MP
Gwalior dated 26/07/2021
Heard through Video Conferencing.
Shri Pawan Kumar, counsel for the applicant.
Shri Naval Kishor Gupta, Panel Lawyer for the respondent/
State.
Case-diary is perused.
This is first application under Section 439 of CrPC filed by
applicant for grant of bail.
The applicant is in custody since 12/04/2021 in connection
with Crime No. 31/20216, registered at police station Ghatigaon,
District Gwalior for offence under Section 392 of IPC, Section
11/13 of MPDVPK Act and Section 25/27 of the Arms Act.
As per prosecution case, on 28/3/2016 at about 11:00 pm
complainant Rambaran lodged a report at Police Station
Ghatigaon, District Gwalior to the effect that on the alleged date
of incident, at about 06:30 pm while he along with his uncle
Ramlakhan and Sultan Singh Banjara was travelling to Gwalior
on his motorcycle bearing registration No.MP07MB 5336, at that
time, near Simriya, Ghatigaon four unknown persons in a jeep
came in front of them and stopped their motorcycle. All the
accused persons started looting from them on the point of pistol,
adhiya and lathi. From his uncle Sultan Singh Banjara, one mobile
and Rs.700/-, from his uncle Ramlakhan Banjara, one mobile, one
gold tabij worth Rs.5,000/-, one gold ring worth Rs.5,000/-, cash
of Rs.1,100/-were looted as well as his mobile was also looted.
On the report of complainant, Crime No.31/20216 was registered
at Police Station Ghatigaon for offence under Section 392 of IPC,
Section 11/13 of MPDVPK Act and under Section 25/27 of Arms
Act and the matter was investigated. During investigation, from
the possession of co-accused Roshan Baghel, one motorcycle was
seized. Applicant accused Jagdish Baghel remained absconding.
After five long years, he could be arrested and from his
possession, one gold tabij was seized. In the absence of the
present applicant-accused, the charge sheet was filed and the
matter was disposed of and other three co-accused persons have
been acquitted by judgment dated 23/08/2017 passed by trial
Court in ST No.18/2017.
It is submitted by learned counsel for the applicant that the
applicant has been falsely implicated in the case. FIR was lodged
against unknown persons. The applicant was not identified by the
complainant. After five long years of the incident, one gold tabij
has been recovered from the possession of applicant and the
applicant has been made an accused on the basis of memorandum
recorded under Section 27 of Evidence Act. The applicant is in
custody since 12/04/2021. Conclusion of trial will take some time.
Hence, it is prayed that the applicant may be enlarged on bail.
On the other hand, the State Counsel opposed the
application and prayed for it rejection. However, after going
through Police Case Diary, it is submitted that the applicant has a
criminal history.
Considering the aforesaid facts and circumstances of the
case coupled with the fact that applicant is in custody since
12/04/2021, charge sheet has been filed and the conclusion of trial
will take some time, but without expressing any opinion on the
merits of the case, this Court is of the opinion that the application
should be allowed and by allowing the application, it is ordered
that if the applicant furnishes a bail bond in the sum of
Rs.25,000/- (Rupees twenty five thousand only) with one
solvent surety in the like amount to the satisfaction of trial Court,
he should be released on bail.
The applicant will present during trial before the trial Court
on each and every date.
Application stands allowed and disposed of.
E-copy/certified copy of this order be sent to the trial Court
concerned for information and compliance.
E-copy/certified copy as per rules.
(Deepak Kumar Agarwal)
Judge
MKB
Digitally signed by MAHENDRA KUMAR BARIK
MAHENDRA
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH COURT
OF MADHYA PRADESH BENCH GWALIOR,
postalCode=474011, st=Madhya Pradesh,
KUMAR BARIK 2.5.4.20=f592da990684fe30f8e1e29a4a1a9e34
51ee450d883083a8e4cc8020eee6f7cb,
cn=MAHENDRA KUMAR BARIK
Date: 2021.07.27 10:30:15 +05'30'
