Raghuveer Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 1630 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.5921/2022 (Raghuveer Jatav Vs. State of M.P.)

Through video conferencing

Gwalior, Dated: 04.02.2022

Shri H.S. Rana, Counsel for the applicant.

Shri Lokendra Shrivastava, 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 21.12.2021 in connection

with Crime No.298/2021 registered at Police Station G.R.P.B.G.,

Distt. Gwalior for offence under Sections 392, 201, 34 of IPC and

Sections 11, 13 of MPDVPK Act.

It is submitted by the counsel for the applicant that according

to the prosecution case, bag of the complainant who had deboarded

from the rail was snatched away. Although an amount of Rs.4,000/- is

alleged to have seized from the possession of the applicant, but the

police did not conduct Test Identification Parade. Charge-sheet has

been filed. The amount so seized from the applicant cannot be said to

be an incriminating evidence in absence of any specific mark. It is

further submitted that the co-accused Yogesh Chhari has already been

granted bail by this Court by order dt.24.01.2022 passed in M.Cr.C.

No.3929/2022. The applicant undertakes to abide by any stringent

condition which may be imposed by the Court. The Trial is likely to

THE HIGH COURT OF MADHYA PRADESH MCRC No.5921/2022 (Raghuveer Jatav 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. However, it is fairly conceded that although the

charge-sheet has been filed, but no Test Identification Parade was

conducted.

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) 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) Judge Shanu

Digitally signed by SHANU RAIKWAR Date: 2022.02.04 15:12:52 -08'00'