Munendra Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6927 MP

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           THE HIGH COURT OF MADHYA PRADESH
                     MCRC-52690-2021
                Munendra Singh Vs. State of M.P.

Gwalior, Dated : 27/10/2021

      Smt. Uma Kushwah, Counsel for applicant.

      Smt. Padamshri Agrawal, Counsel for State.

      Case diary is available.

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

grant of bail. The first bail application was dismissed by order dated

07.09.2021 passed in M.Cr.C. No.42649/2021 as withdrawn with liberty

to revive the prayer after filing of charge-sheet.

      The applicant has been arrested on 17.06.2021 in connection with

Crime No.110/2021 registered by Police Station Chinor, District Gwalior

for offence punishable under Sections 392 of IPC and Section 11/13 of

MPDVPK Act.

      It is submitted by Counsel for the applicant that although some of

the looted property seized from the possession of applicant has been

identified by the complainant as well as the applicant has also been

identified by the complainant but applicant is in jail for last more than

four months. The previous bail application was withdrawn with liberty to

revive the prayer after filing of charge-sheet. The Police after completing

the investigation has filed the charge-sheet. The applicant has no

criminal history and there is no possibility of his absconding or

tampering with prosecution case.

      Per contra, the application is vehemently opposed by Counsel for

the respondent/State. It is submitted that according to the prosecution

THE HIGH COURT OF MADHYA PRADESH MCRC-52690-2021 Munendra Singh Vs. State of M.P.

case, the applicant along-with co-accused persons have robbed the

complainant and his wife and three silver ornaments belonging to the

complainant and one 315 bore country made pistol have been seized. It is

further submitted that not only seized articles have been identified by the

complainant but applicant has also been identified by the complainant.

However, It is fairly conceded that as per the case diary, there is nothing

to indicate that applicant has criminal history.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case 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 Aman AMAN TIWARI 2021.10.27 17:25:16 +05'30'