Golu Singh vs The State Of Mp.
2021 Latest Caselaw 7047 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-50632-2021 Golu Singh Vs. State of MP

Gwalior, Dated: 29-10-2021

Shri Shivendra Singh, Counsel for the applicant.

Shri C.P. Singh, Counsel for the State.

Case Diary is available.

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

filed for grant of bail. First application of the applicant was dismissed

as withdrawn by order dated 14.09.2021.

The applicant has been arrested on 21.08.2021 in connection

with Crime No.146/2021 registered at Police Station GRP, B.G. Distt.

Gwalior for offence under Section 392 of IPC and Section 11/13 of

MPDVPK Act.

It is submitted by the counsel for the applicant that according

to the prosecution case, two unidentified persons snatched a mobile

from the complainant in a running train. Although the mobile phone

of the complainant has been seized from the possession of the co-

accused, but even Test Identification Parade has not been held by the

Police. The applicant has been arrested on the basis of confessional

statement made by the co-accused which is not admissible in view of

Sections 25 and 27 of Evidence Act. In view of the criminal

antecedents of the applicant, the applicant is ready and willing to

abide by any stringent condition, which may be imposed by the Court

and the Trial is likely to take sufficiently long time and there is no

possibility of his absconding or tampering with the prosecution case.

THE HIGH COURT OF MADHYA PRADESH MCRC-50632-2021 Golu Singh Vs. State of MP

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that apart from the present case,

two more offences have been registered against the applicant which

are of similar in nature.

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 GRP, B.G. District Gwalior 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 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 16:46:43 +05'30'