Madhya Pradesh High Court
Rajkumar Baghel @ Kalla vs The State Of Madhya Pradesh on 2 February, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.241/2022
(Rajkumar Baghel @ Kalla & Anr. Vs. State of M.P.)
Through video conferencing
Gwalior, Dated: 02.02.2022
Shri H.S. Rana, Counsel for the applicants.
Shri Santosh Sharma, 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 First application was dismissed as withdrawn
vide order dt.26.11.2021 passed in M.Cr.C. 57824/2021.
The applicants have been arrested on 02.11.2021 in connection
with Crime No.138/2021 registered at Police Station Dabra Dehat,
Distt. Gwalior for offence under Section 392 of IPC and Section
11/13 of MPDVPK Act and Section 25, 27 of Arms Act.
It is submitted by the counsel for the applicants that first bail
application of the applicants was withdrawn with liberty to revive the
prayer after the TIP is conducted. The Test identification Parade has
been conducted and both the applicants have not been identified.
According to the prosecution case, the complainant was going on his
motorcycle after collecting cash from different customers. He was
waylaid by two unknown miscreants and ran away after snatching
black bag from him. It is submitted that in absence of identification,
it is clear that the applicants were not involved in the offence. The
recovery of Rs.10,000/- from the applicant Rajpal Baghel and
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THE HIGH COURT OF MADHYA PRADESH
MCRC No.241/2022
(Rajkumar Baghel @ Kalla & Anr. Vs. State of M.P.)
Rs.7500/- from Rajkumar Baghel cannot be said to be an
incriminating evidence in absence of any specific mark on the
currency notes. It is fairly conceded that the applicants have a
criminal history and one more offence under Section 379 of IPC has
been registered against them. 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.
Considering the facts and circumstances of the case as well as
the fact that the applicants were not identified in the test
identification parade, without commenting on the merits of the case,
the application is allowed. It is directed that the applicants be
released on bail on furnishing a personal bond in the sum of
Rs.1,00,000/- (Rupees One Lac) each with one surety in the like
amount each 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
THE HIGH COURT OF MADHYA PRADESH
MCRC No.241/2022
(Rajkumar Baghel @ Kalla & Anr. Vs. State of M.P.)
regarding grant of bail be sent to the complainant.
Certified copy as per rules.
(G.S. Ahluwalia)
Judge
Shanu
Digitally signed by
SHANU RAIKWAR
Date: 2022.02.02
16:23:57 -08'00'
