Naveen Kaamra vs The State Of Madhya Pradesh
2021 Latest Caselaw 5131 MP

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          The High Court Of Madhya Pradesh
                           MCRC-39178-2021
                (NAVEEN KAAMRA Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 07/09/2021

       Shri V.K. Bhardwaj, learned Senior Counsel with Shri Rohit

Batham, learned counsel for the applicant.

       Shri Nirmal Sharma, learned Public Prosecutor for the

respondent/State.

I.A. No.23843/2021, an application under Section 301(2) of

CrPC, and I.A.No.23320/2021, an application for urgent hearing, are

taken up, considered and allowed for the reasons mentioned therein.

Accordingly, Shri F.A. Shah, learned counsel and his

associates are permitted to appear on behalf of the complainant to

assist the State counsel.

Documents i.e. order-sheets dated 29/07/2021, 12/08/2021 and

27/08/2021 filed vide I.A.No.26459/2021 are taken on record.

This is the fourth bail application under section 439 of CrPC

filed by the applicant for grant of bail.

The applicant has been arrested on 11/01/2021 in connection

with Crime No.296/2020 registered at Police Station Huzrat Kotwali,

District Gwalior (M.P.) for offence under Sections 420, 467, 468 and

471 of I.P.C.

It is submitted by learned counsel for the applicant- Naveen

The High Court Of Madhya Pradesh MCRC-39178-2021 (NAVEEN KAAMRA Vs THE STATE OF MADHYA PRADESH)

Kaamra that this is the fourth application of the applicant for grant of

bail. Earlier bail applications were dismissed as withdrawn by this

Court. Thereafter, the changed circumstance is further custody period

of the applicant. It is further submitted that the proceedings pending

before the trial Court are stagnated due to filing of various

applications by the complainant. Investigation is complete and charge-

sheet has been filed. Trial will take its own time. In support of his

arguments, learned counsel for the applicant has relied upon the

judgment passed by the Apex Court in the case of Sanjay Chandra

Vs. Central Bureau of Investigation [AIR 2012 SC 830]. Hence,

learned counsel prays for grant of bail to the present applicant. He

further undertakes to abide by all the terms and conditions of

guidance, circulars and directions issued by Central Government,

State Government as well as Local Administration regarding measures

in respect of COVID-19 Pandemic and maintain hygiene in the

vicinity while keeping physical distancing.

Learned State counsel as well as learned counsel for the

complainant have vehemently opposed the application and have

submitted that the case is registered against the applicant under

Sections 420, 467, 468, 471 of IPC wherein crores of rupees are

involved and there are many criminal antecedents against the present

The High Court Of Madhya Pradesh MCRC-39178-2021 (NAVEEN KAAMRA Vs THE STATE OF MADHYA PRADESH)

applicant of committing same nature offence. Hence, prayed to reject

this bail application filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and perused the

case diary and documents available on record.

On perusal of case diary as well as documents available on

record, it is apparent that the case is registered under Sections 420,

467, 468, 471 of I.P.C. against the present applicant wherein, a huge

amount has been involved and allegation is of using various forged

documents, therefore, considering the nature and gravity of offence,

this Court is not inclined to grant bail to the applicant.

Consequently, this repeat fourth application filed under Section

439 of Cr.P.C. for grant of bail to the applicant is hereby dismissed.

Certified copy/ e-copy as per rules/directions.

(Rajeev Kumar Shrivastava) Judge Monika

Digitally signed by MONIKA SHARMA

MONIKA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011,

SHARMA st=Madhya Pradesh, 2.5.4.20=1cbbae26c87c00013f5046748e 62527c7ddf7dd9146694af9eed96f47a35 9612, cn=MONIKA SHARMA Date: 2021.09.08 10:44:01 +05'30'