Krishna Thakur vs The State Of Madhya Pradesh
2021 Latest Caselaw 6558 MP

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         THE HIGH COURT OF MADHYA PRADESH
                     MCRC-48744-2021
          Krishna Thakur Vs. State of M.P. & Another

Gwalior, Dated : 20/10/2021

      Shri Rajmani Bansal, Counsel for the applicant.

      Shri R.K. Awasthi, Public Prosecutor for the respondent/State.

Case diary is available.

This is third application filed under Section 439 of Cr.P.C. for

grant of bail. The second bail application was dismissed by order

dated 29.07.2021 passed in M.Cr.C. No.36042/2021.

The applicant has been arrested on 13.05.2021 in connection

with Crime No.171/2021 registered by Police Station Madhoganj,

District Gwalior for offence punishable under Sections 363, 368, 34,

324, 354 of IPC and Section 7/8 of POCSO Act and Sections 130,

177 of the Motor Vehicles Act.

It is submitted by counsel for the applicant that the second bail

application has already been dismissed on merits by order dated

29.07.2021 passed in M.Cr.C. No.36042/2021 but the applicant is in

jail from 13.05.2021. The prosecutrix, although minor, has

specifically stated that she was not physically violated. The

allegations against the applicant is that he along-with other co-

accused had kidnapped the prosecutrix and kept her in captivity for

four days and during this period she was burnt by cigarettes. It is

submitted by the counsel for the applicant that although in the

medical report burns by cigarettes have been found, but the applicant

THE HIGH COURT OF MADHYA PRADESH MCRC-48744-2021 Krishna Thakur Vs. State of M.P. & Another

is in jail for more than last five months. The trial is likely to take

sufficiently long time and there is no possibility of his absconding or

tampering with prosecution case.

Per contra, the application is opposed by the counsel for the

respondent/State. However, it is fairly conceded that as per the case

diary, the applicant has no criminal antecedents.

Heard the learned counsel for the parties.

Looking to the period of detention and 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/- (Rs. 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.

This order shall remain effective till the end of the 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 & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge

Arun* ARUN KUMAR MISHRA 2021.10.21 15:18:41 +05'30'