Madhya Pradesh High Court
Sameer Khan vs The State Of Madhya Pradesh on 8 November, 2021
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.52619/2021
Sameer Khan vs. State of M.P.
Gwalior, Dated : 08.11.2021
Shri Manish Sharma, Counsel for the applicant.
Shri C.P. Singh, Panel Lawyer for the respondent/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 25.9.2021 in connection
with Crime No.384/2021 registered at Police Station Purani Chhavni,
District Gwalior for offence under Section 392 of IPC and under
Section 11, 13 of the MPDVPK Act.
It is submitted by the counsel for the applicant that according to
the prosecution case, two persons who were riding on two different
motorcycles had robbed a purse from the complainant which was
containing Rs.31,000/- as well as the Aadhar Card and Voter Card of
the complainant. The applicant has been implicated on the basis of the
confessional statement of the co-accused. He was put for Test
Identification Parade but he was wrongly identified by the
complainant. The recovery of Rs.14,500/- cannot be said to be an
incriminating article in absence of any specific marks on the currency
notes. The applicant is in jail for the last more than one month. The
trial is likely to take sufficiently long time and there is no possibility
THE HIGH COURT OF MADHYA PRADESH
MCRC No.52619/2021
Sameer Khan vs. State of M.P.
of his absconding or tampering with the prosecution case and in view
of the criminal antecedents of the applicant, he is ready and willing to
abide by any stringent condition which may be imposed by the Court.
Per contra, the application is vehemently opposed by the
counsel for the respondent/State. However, it is fairly conceded that
the motorcycle which was also seized from the possession of the
applicant does not belong to the complainant as well as the
registration number of the motorcycles used for commission of
offence was also not mentioned in the FIR or in the statement of the
complainant. However, it is submitted that the applicant has a
criminal history and one more offence under Sections 363, 366, 376
of IPC was registered against the applicant in the year 2018.
In reply, it is submitted by the counsel for the applicant that the
applicant is on bail in the offence which was registered in the year
2018.
Considering the facts and circumstances of the case, 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
THE HIGH COURT OF MADHYA PRADESH
MCRC No.52619/2021
Sameer Khan vs. State of M.P.
by the concerned Court.
It is further directed that the applicant shall appear before the
S.H.O. Police Station Purani Chhavni, District Gwalior 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
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)
(alok) Judge
ALOK KUMAR
2021.11.08 16:23:29 +05'30'
