Kallu @ Ajay Rathore vs The State Of Madhya Pradesh
2022 Latest Caselaw 6498 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.21296/2022 (KALLU @ AJAY RATHORE VS. STATE OF M.P.)

Gwalior, Dated : 29/04/2022

Shri Mohit Shivhare, learned counsel for the applicant.

Shri Rohit Mishra, learned 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 06/04/2022 in connection

with Crime No.160/2022 registered by Police Station Hazira, District

Gwalior for offence punishable under Sections 457, 382, 506 394 of

IPC and Section 11/13 of the MPDVPK Act.

It is submitted by the Counsel for the applicant that according

to the prosecution case, the applicant has committed a theft in shop of

scrap dealer and had stolen some old electric motors, which are used

in cooler as well as some other scrap. It is alleged that the applicant

had assaulted on the head of the complainant. The applicant is in jail

for the last 23 days. 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 applicant is vehemently opposed by the

Counsel for the State. It is submitted that one lacerated wound over

scalp of 2 x 1.5 cm caused by hard and blunt object was found.

However, he fairly conceded that an amount of Rs.2,490/- as well as

THE HIGH COURT OF MADHYA PRADESH MCRC No.21296/2022 (KALLU @ AJAY RATHORE VS. STATE OF M.P.)

three motors of cooler, which were scrap in condition were seized

from the possession of the applicant. However, it is submitted that in

the CCTV footage, it is clear that the applicant was seen at the place

of incident. It is also submitted that the applicant has one more

criminal case and one offence under Section 13 of Jua Act has been

registered against him.

Considering the nature of allegations as well as period of

detention 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/-

(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.

This order shall remain effective till the end of 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 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)
Pj'S/-                                                                   Judge

   Digitally signed by
   PRINCEE BARAIYA
   Date: 2022.04.29
   16:21:23 -07'00'