Rajesh Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 16170 MP

                                  1
 IN      THE       HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                     ON THE 6 th OF DECEMBER, 2022
                 MISC. CRIMINAL CASE No. 56557 of 2022

BETWEEN:-
RAJESH SINGH S/O SHRI PHERAN SINGH NARWARIYA,
AGED ABOUT 35 YEARS, R/O GRAM SONPURA THANA
PAWAI, DISTRICT- BHIND (MADHYA PRADESH)

                                                              .....APPLICANT
(BY SHRI DHARMENDRA RISHISHWAR- ADVOCATE)

AND
STATE OF MADHYA PRADESH THROUGH POLICE
STATION- MEHGAON, GORMI, DISTRICT- BHIND
(MADHYA PRADESH)

                                                          .....RESPONDENTS
(BY SHRI C.P. SINGH- PANEL LAWYER )

       This application coming on for hearing this day, the Court passed the
following:
                                  ORDER

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 30/10/2019 in connection with Crime No.477/2018 registered by Police Station- Mehgaon, District- Bhind (M.P.) for offence punishable under Sections 399, 400 and 402 of IPC and Sections 11/13 of M.P.D.V.P.K. Act.

It is submitted by the counsel for the applicant that according to the prosecution case, on 11/12/2018 applicant had assembled with other co-

accused persons with an intention to make preparation for committing dacoity. Some of the accused persons ran away including the applicant and accordingly, charge-sheet was filed against the arrested persons by showing the applicant as absconding and kept the investigation pending against him under Section 173(8) of Cr.P.C. It is further submitted by the counsel for the applicant that applicant is in jail since 30/10/2019 and he has completed more than three years of incarceration. It is further submitted that nothing has been recovered from him and he was not put for test identification Parade and thus, he has been in jail just on the basis of memorandum made by co-accused which is not admissible in the light of Section 25 and 26 of Evidence Act. 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 opposed by the counsel for the respondent/State. It is submitted that on 11/12/2018, few people were found indulged in making preparation for committing dacoity, however, the applicant succeeded in running away and could be arrested on 30/10/2019. However, it is fairly conceded by the counsel for the State that neither the applicant was put for Test Identification Parade nor anything has been seized from the applicant. It is further submitted that applicant has criminal history and three more cases i.e in the year 2013 for offence under Sections 457 and 380 of IPC, in the year 2014 for offence under Section 379 of IPC and in the year 2016 for offence under Section 379 of IPC have been registered against him.

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 Only) 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) Digitally signed by RAHUL SINGH PARIHAR JUDGE rahul DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab67 6d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D 487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910 FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2022.12.06 19:21:52 +05'30'