Mukesh Kumar Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 6741 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-49935-2021 Mukesh Kumar Sharma Vs. State of MP

Gwalior, Dated: 23-10-2021

Shri R.K. Shrivastava, Counsel for the applicant.

Shri BPS Chauhan, Counsel for the State.

Case Diary is available.

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

filed for grant of bail. Fifth application was dismissed as withdrawn

by order dated 29.08.2020 passed in M.Cr.C. No.29795/2020 with

liberty to file a properly constituted application.

The applicant has been arrested on 04.05.2018 in connection

with Crime No.124/2018 registered at Police Station Kotwali Distt.

Datia for offence under Sections 302, 34, 212, 216 of IPC and

Sections 25/27 of Arms Act and Section 11/13 of MPDVPK Act.

It is submitted by the counsel for the applicant that originally

there were three allegations against the applicant, i.e., (i) as per the

statement of Arvind and Montu, the applicant was involved in the

conspiracy; (ii) three unidentified persons were riding on a Apache

Motorcycle, out of which one person shot the deceased Jaipal and

(iii) identification of the present applicant by Akhil and Pawan in the

Test Identification Parade. It is submitted that all four witnesses have

been examined. Arvind and Montu have denied the aspect of

conspiracy. Similarly, Akhil and Pawan have turned hostile on the

THE HIGH COURT OF MADHYA PRADESH MCRC-49935-2021 Mukesh Kumar Sharma Vs. State of MP

question of identity. It is further submitted that the Supreme Court by

order dated 22.06.2021 passed in SLP (Cri) No.1464/2020 has

granted bail to Rajendra Goswami and has also issued notice by order

dated 16.08.2021 passed in SLP (Cri) No.5648/2021 in the case of

Veer Singh @ Teekaram Gurjar. It is further submitted that the

applicant had never approached the Supreme Court for grant of bail.

It is further submitted that at present, there is no substantive evidence

against the applicant. Even if the seizure of Apache Motorcycle is

considered against the applicant, then in absence of any substantive

evidence, seizure of Apache Motorcycle may not be an incriminating

article to indicate towards his involvement in the offence. 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. However, it is submitted by Shri Chauhan that

Arvind Yadav, Montu, Akhil and Pawan had turned hostile and

except the seizure of Apache Motorcycle, there is no other evidence

against 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

THE HIGH COURT OF MADHYA PRADESH MCRC-49935-2021 Mukesh Kumar Sharma Vs. State of MP

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 Abhi ABHISHEK CHATURVEDI 2021.10.23 17:41:25 +05'30'