Sachin Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 1718 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.5871/2022 Sachin Sharma Vs. State of M.P.

Through video conferencing

Gwalior, Dated: 07.02.2022

Shri Anand Purohit, Counsel for the applicant.

Shri A.K. Nirankari, 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 02.01.2022 in connection

with Crime No.746/2021 registered at Police Station Maharajpura

Distt. Gwalior for offence under Sections 365 and 394 of IPC and

11/13 of MPDVPK Act.

It is submitted by the counsel for the applicant that according

to the prosecution case, the applicant and other co-accused persons,

after obstructing the complainant, took away his mobile and Rs. 40/-.

The applicant has been falsely implicated. The recovery of purse

containing Rs. 40/- as well photo copy of the Adhar Card of the

complainant has been falsely shown because there was no reason for

the applicant to keep the photo copy of the Adhar Card of the

complainant. He is in jail from 02.01.2022 i.e. more than one month,

but the Test Identification Parade of accused has not been conducted.

The Trial is likely to take sufficiently long time and there is no

possibility of his absconding or tampering with the prosecution case.

Further, this Court vide order dated 27.01.2022 passed in M.Cr.C.

No. 4763/2022 and M.Cr.C. No. 2582/2022 has granted bail to the

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.5871/2022 Sachin Sharma Vs. State of M.P.

co-accused Gaurav Sharma and Vishnu @ Chintu Parmar.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that the applicant has a criminal

history and one more offence under Section 392 of IPC has 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) 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 ar

ABDUR RAHMAN 2022.02.07 17:04:59 +05'30'