Citation : 2021 Latest Caselaw 7036 MP
Judgement Date : 29 October, 2021
THE HIGH COURT OF MADHYA PRADESH MCRC-50049-2021 Vikcy Pardi Vs. State of MP
Gwalior, Dated: 29-10-2021
Shri Ashish Singh Jadon, Counsel for the applicant.
Shri C.P. Singh, Counsel for the State.
Case Diary is available.
This first application under Section 439 of Cr.P.C. has been
filed for grant of bail.
The applicant has been arrested on 14.09.2021 in connection
with Crime No.345/2021 registered at Police Station - City Kotwali
Distt. Guna for offence under Section(s) 457, 380 of IPC.
It is submitted by the counsel for the applicant that according
to the prosecution case, a theft had taken place in the house of the
complainant and certain articles and cash were stolen. However, it is
submitted that nothing has been seized from the possession of the
applicant and he has been made an accused only on the basis of
confessional statement made by the co-accused persons. So far as the
criminal antecedents of the applicant is concerned, it is clear from the
details given in the impugned order that the applicant has been made
an accused in two more offences of similar in nature in Crime
Nos.331/2021 and 342/2021 and in view of the fact that three more
criminal offences were registered in the year 2017, 2019 and 2020,
the applicant is ready and willing to abide by any condition which
THE HIGH COURT OF MADHYA PRADESH MCRC-50049-2021 Vikcy Pardi Vs. State of MP
may be imposed by the Court. 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 fairly conceded that nothing has
been seized from the possession of the applicant and in the year
2017, 2019 and 2020, criminal cases for minor offences like under
Section 323 of IPC and Section 25-B of Arms Act were registered.
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
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.
It is further directed that the applicant shall appear before the
S.H.O. Police Station City Kotwali District Guna on 1st of every
month during the pendency of the Trial. In case of bail jump or non-
appearance of the applicant before the police station as directed by
this Court, this order shall lose its effect.
In the light of the judgment passed by the Supreme Court in
THE HIGH COURT OF MADHYA PRADESH MCRC-50049-2021 Vikcy Pardi Vs. State of MP
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 2021.10.29 15:37:09 +05'30'
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