Neeraj vs The State Of Madhya Pradesh
2021 Latest Caselaw 6929 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.52918/2021
                (NEERAJ VS. STATE OF M.P.)

Gwalior, Dated : 27/10/2021

      Shri Dharmendra Singh Niranjan, learned counsel for the

applicant.

      Shri B.S.Gaur, learned counsel for the State.

      Case diary is available.

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

been filed for grant of bail.

      The applicant has been arrested on 25/09/2021 in connection

with Crime No.433/2021 registered at Police Station Porsa, District

Morena for offence under Section 25/27 of the Arms Act.

      It is submitted by the counsel for the applicant that according

to the prosecution case, .12 bore country made pistol and one live

cartridge has been seized from the possession of the applicant. He has

been falsely implicated. He is in jail for the last more than one month.

In view of the criminal antecedents of the applicant, he is ready and

willing to abide by any stringent condition, including that of

furnishing cash surety.

      Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that although, in the rejection

order, the details of 26 criminal cases have been mentioned but in

fact the applicant has 30 criminal cases in his credit. However, he

fairly conceded that no heinous offence like 302, 307, 376 and 377 of
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         THE HIGH COURT OF MADHYA PRADESH
                  MCRC No.52918/2021
               (NEERAJ VS. STATE OF M.P.)

IPC was ever registered against the applicant.

      Considering the fire arm seized from the possession of the

applicant as well as the period of detention, this Court is of the

considered opinion that in view of the criminal antecedents of the

applicant, he can be released on bail on furnishing cash surety of

Rs.1,00,000 (Rupees One Lac) or in the alternative on depositing his

original title-deed(s) [not Rin Pustika] of the immovable property

worth of more than the said amount, as directed by the Supreme

Court in the case of Sharo @ Shahrukh Vs. The State of MP by

order dated 06.09.2021 passed in SLP (Cri) No. 6321/2021 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.

      It is made clear that single default in appearance before the

Trial Court, or in case of registration of new offence, this bail order

shall automatically come to an end and the cash surety so furnished

by the applicant shall automatically stand forfeited without any

reference to the Court.

      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.52918/2021 (NEERAJ VS. STATE OF M.P.)

regarding grant of bail be sent to the complainant.

With aforesaid observations, this application is Allowed.

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


             Digitally signed by
             PRINCEE BARAIYA
             Date: 2021.10.27
             17:46:20 -07'00'