Kallu @ Shankar @ Naman vs The State Of Madhya Pradesh
2022 Latest Caselaw 1564 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.63731/2021 Kallu alias Shankar alias Naman Vs. State of M.P

Through video conferencing

Gwalior, Dated: 03.02.2022

Shri J.S. Kushwaha, 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. Previous application was dismissed by order

dated 04.08.2021 passed in M.Cr.C. No. 38516/2021.

The applicant has been arrested on 28.06.2021 in connection

with Crime No.352/2020 registered at Police Station Raun Distt.

Bhind for offence under Sections 341, 394 of IPC and under Section

11/13 of MPDVPK Act.

It is submitted by the counsel for the applicant that according

to the prosecution case on 23.12.2020 the complainant was going on

his motorcycle. He was waylaid by the applicant and co-accused

Purray alias Shivendra and two other persons and scolded that 11-12

days back they had demanded money for their expenses, but the

complainant has lodged the FIR. However, they would recover the

money from the complainant. When it was objected by the

complainant, then it was alleged that the applicant and co-accused

assaulted the complainant by fan belt and lathi and took away an

amount of Rs. 10,000/-, pan card, college ID etc. It is submitted that

the applicant is in jail for the last seven months. The Trial is likely to

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.63731/2021 Kallu alias Shankar alias Naman Vs. State of M.P

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. It is submitted that an amount of Rs. 1500/-and

a pan card as well as ID proof of the complainant issued by the

Engineering College has been seized from the possession of the

applicant. It is further submitted that complainant has sustained

abrasion of 2.5x1 cm. on left side of the chest and had also

complained pain. It is further submitted that applicant has a criminal

history and one more offence under Sections 294, 323, 327 of IPC

has been registered against him.

Considering the the period of detention as well as the

allegation, this Court is of the considered opinion that it is a fit case

for grant of bail.

Accordingly, 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 HIGH COURT OF MADHYA PRADESH M.Cr.C.63731/2021 Kallu alias Shankar alias Naman Vs. State of M.P

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 ar

ABDUR RAHMAN 2022.02.03 17:18:05 +05'30'