Kalla @ Premkumar vs The State Of Madhya Pradesh
2021 Latest Caselaw 7532 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.56111/2021 Kalla alias Premkumar vs. State of M.P

Gwalior, Dated :17.11.2021

Shri Suresh Agarwal, Counsel for the applicant.

Shri C.P. Singh, 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 20.11.2020 in connection

with Crime No.257/2020 registered at Police Station Bhonti Distt.

Shivpuri for offence under Sections 392, 398/34 of IPC, 25/27 of

Arms Act and under Section 11/13 of MPDVPK Act.

The bail application of co-accused have been decided by the

coordinate Bench of this Court, however, on account of transfer of the

Hon'ble Judge, the matter has been listed before this Court.

It is submitted by Counsel for the applicant that according to

the prosecution case, the complainant was robbed and an amount of

Rs. 60,000/- was taken away along with a key and two passbooks of

the bank. Although it has been shown that an amount of Rs. 1400/-

has been seized from the possession of the applicant, but the

complainant and other witnesses have been examined and none of

them has supported the prosecution case on the question of identity.

Even an amount Rs. 1400/- which is allegedly seized from the

possession of the applicant cannot be said to be incriminating article

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.56111/2021 Kalla alias Premkumar vs. State of M.P

in absence of any specific identification mark. The coordinate Bench

of this Court by order dated 15.7.2021 passed in M.Cr.C. No.

34747/2021 and by order dated 30.07.2021 passed in M.Cr.C. No.

36354/2021, co-accused Ramjilal Lodhi and Ajay Singh has granted

bail.

Per contra, the application is vehemently opposed by the

counsel for the State.

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.

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 ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26d2b510cc

RAHMAN 133f1b56faa63e77b, pseudonym=352E5BC6169A1C65270B76C8214AD91A9A2E28EB, serialNumber=1B0EA1B496C965067285A628B81AE07B60D34204 8B7853E6108263F1DDCC0F50, cn=ABDUR RAHMAN Date: 2021.11.18 08:59:35 -08'00'