Ramniwas vs The State Of Madhya Pradesh
2021 Latest Caselaw 7786 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.57241/2021
              (RAMNIWAS VS. STATE OF M.P.)


Gwalior, Dated : 24/11/2021

      Shri Mohit Shivhare, learned counsel for the applicant.

      Shri C.P.Singh, learned counsel for the State.

      Case diary is available.

      This is first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

      The applicant has been arrested on 27/10/2021 in connection

with Crime No.213/2020 registered at Police Station Purani

Chawani, District Gwalior for offence under Sections 392, 342, 395

and 412 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, one truck, which was containing baffollows

was forcibly taken away. It is submitted that the applicant has been

implicated on the basis of the confessional statement made by the

co-accused person. Nothing has been seized from the possession of

the applicant. He is in jail from 27/10/2021 and the Test

Identification Parade has not been conducted. The Trial is likely to

take sufficiently long time and there is no possibility of his

absconding or tampering with the prosecution case. It is further

submitted that by order dated 09/11/2021, this Court has granted the

bail to co-accused Harish @ Harendra @ Gangadhar in MCRC
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         THE HIGH COURT OF MADHYA PRADESH
                  MCRC No.57241/2021
             (RAMNIWAS VS. STATE OF M.P.)


No.53534/2021.

      Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that since, the complainant is

not traceable, therefore, the TIP could be held.

      In reply, it is submitted by the counsel for the applicant that in

case, if the applicant is summoned for participating in TIP at a later

stage, then he would co-operate with the investigation and would

never take a defence with the complainant might have seen the

applicant.

      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

THE HIGH COURT OF MADHYA PRADESH MCRC No.57241/2021 (RAMNIWAS VS. STATE OF M.P.)

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                                 (G.S. Ahluwalia)
Pj'S/-                                                                 Judge

         Digitally signed by
         PRINCEE BARAIYA
         Date: 2021.11.24
         17:45:33 -08'00'