Yogesh Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 6736 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.50295/2021 (YOGESH SHARMA VS. STATE OF M.P.)

Gwalior, Dated : 23/10/2021

Shri B.K.Sharma, learned counsel for the applicant.

Shri B.P.S.Chauhan, learned counsel for the State.

Case diary is available.

This is sixth repeat application under Section 439 of Cr.P.C.

has been filed for grant of bail. The fifth bail application of the

applicant was dismissed on 09/09/2021 passed in MCRC

No.44642/2021.

The applicant has been arrested on 16/07/2020 in connection

with Crime No.53/2016 registered at Police Station Govardhan,

District Shivpuri for offence under Sections 307, 394 of IPC, under

Section 11/13 of MPDVPK Act, under Section 25/27 of the Arms Act

and under Sections 3/181, 5, 180, 39, 192A, 146, 196 of Motor

Vehicles Act.

It is submitted by the counsel for the applicant that the

Supreme Court by order dated 28/09/2021 passed in SLP (Cri.)

No.70/2021 has granted bail to co-accused Pradeep Sharma, whose

case is identical to that of present applicant. It is submitted that

according to the prosecution case, four persons were riding on two

different motorcycles. Undisputedly, the applicant and co-accused

Pradeep Sharma were pillion rider and except the allegations that

they were sitting on the motorcycle no other allegations have been

THE HIGH COURT OF MADHYA PRADESH MCRC No.50295/2021 (YOGESH SHARMA VS. STATE OF M.P.)

made against them. 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 so far as the case of the

present applicant is concerned, it is slightly distinguishable from the

case of co-accused Pradeep Sharma. The person with whom the

applicant was sharing the motorcycle had fired whereas the person

with whom co-accused Pradeep Sharma was sharing motorcycle did

not fire.

In response, it is submitted by the counsel for the applicant that

it is not the case of the prosecution that other two motorcycles riders

did not participate in incident in any manner. It is alleged that the

person with whom co-accused Pradeep Sharma was sharing

motorcycle had took away Rs.10,000/-, therefore, it cannot be said

that there is any prominent distinction between allegations levled

against the applicant and co-accused Pradeep Sharma.

Considering the fact that co-accused Pradeep Sharma has been

granted bail by the Supreme Court by order dated 28/09/2021 passed

in SLP (Cri.) 70/2021, which is subsequent to the rejection of the last

bail application of the applicant on 09/09/2021 and there is no

prominent distinction between the case of the present applicant to

THE HIGH COURT OF MADHYA PRADESH MCRC No.50295/2021 (YOGESH SHARMA VS. STATE OF M.P.)

that of Pradeep Sharma for the purposes of grant of bail, 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/- (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)
Pj'S/-                                                                   Judge
         PRINCEE
         BARAIYA
         2021.10.23
         17:35:26 +05'30'