Kohinoor vs The State Of Madhya Pradesh
2021 Latest Caselaw 7722 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.53751/2021
                 Kohinoor vs. State of M.P.

Gwalior, Dated :23/11/2021

       Shri Prakhar Dhengula, Counsel for the applicant.

       Shri Vijay Sundaram, 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 26.6.2021 in connection

with Crime No.241/2018 registered at Police Station Cantt Guna,

District Guna for offence under Section 394 of IPC.

It is submitted by the counsel for the applicant that according to

the prosecution case, the complainant lodged a report on 23.3.2018

that he was going along with his wife. He was waylaid by some

miscreants and his two mobiles, cash amount of Rs.4500/-, gold

Mangalsootra and ear rings of his wife were snatched. It is submitted

that the applicant was made an accused on the basis of confessional

statement made by the co-accused persons. The applicant was put for

test identification parade but he was wrongly identified by the

complainant. The recovery of Rs.1400/- cannot be said to be the

recovery of incriminating article because not only the recovery was

effected after three years of incident but in absence of any specific

mark it cannot be said that the said amount was looted from the

complainant. In view of the criminal antecedents of the applicant, he

THE HIGH COURT OF MADHYA PRADESH MCRC No.53751/2021 Kohinoor vs. State of M.P.

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 State. However, it is fairly conceded that in the test

identification parade the applicant was wrongly identified by the

complainant and he is in jail for the last five months. However, it is

submitted that two more criminal cases were registered against the

applicant 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

by the concerned Court.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Cantt Guna, District Guna 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.53751/2021 Kohinoor vs. State of M.P.

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
2021.11.23 18:00:44 +05'30'