Kallu @ Uttam Singh Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 7372 MP

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          THE HIGH COURT OF MADHYA PRADESH
                     M.Cr.C. No.49652/2021
           Kallu @ Uttam Singh Yadav Vs. State of M.P.

Gwalior, Dated: 12-11-2021

       Shri Nitin Agrawal, Counsel for the applicant.

       Shri N.S. Tomar, Counsel for the 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 23/8/2021 in connection

with Crime No.40/2021 registered at Police Station Civil Line, Distt.

Datia for offence under Section 392 of IPC and Section 11/13 of the

MPDVPK, Act.

       It is submitted by the counsel for the applicant that according

to the prosecution case, the complainant Ramakant Soni was robed

by three unknown persons and his bag was snatched away. The bag

was containing the personal cheque books of the complainant,

service ID, voter ID, RC of his vehicle as well as driving licence,

apart from the keys of the bank as well as the other documents of the

bank. It is submitted that the police had seized certain semi-burnt

documents of the bank from the spot. The keys of the bank were

seized from the possession of the co-accused Golu Yadav. The co-

accused Golu Yadav and Ashok were put for test identification

parade, but they were wrongly identified. However, neither the

applicant was put for test identification parade nor any incriminating
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          THE HIGH COURT OF MADHYA PRADESH
                     M.Cr.C. No.49652/2021
           Kallu @ Uttam Singh Yadav Vs. State of M.P.

article has been seized from the possession of the applicant. It is

further submitted that the coordinate Bench of this Court has already

granted bail to the co-accused persons by orders dated 15/6/2021 and

9/7/2021

passed in M.Cr.C. Nos.28720/2021 and 32152/2021. The

Trial is likely to take sufficiently long time and there is no possibility

of his absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that the applicant was

absconding and he has been recently arrested. However, it is fairly

conceded that there is nothing in the case diary to indicate that the

applicant was put for test identification parade or any incriminating

article was seized from his possession.

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) 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.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.49652/2021 Kallu @ Uttam Singh Yadav Vs. State of M.P.

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 Arun* ARUN KUMAR MISHRA 2021.11.12 18:19:07 +05'30'