Santosh Kori vs The State Of Madhya Pradesh
2022 Latest Caselaw 1765 MP

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           THE HIGH COURT OF MADHYA PRADESH
                        MCRC No.6806/2022
                    Santosh Kori vs. State of M.P.

                     Through Video Conferencing

Gwalior, Dated : 08/02/2022

      Shri Asad Khan, Counsel for the applicant.

      Shri A.K. Nirankari, Counsel for the respondent/State.

Case diary is available.

This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

The applicant has been arrested on 19.12.2020 in connection

with Crime No.949/2020 registered by Police Station Bahodapur,

District Gwalior for offence punishable under Sections 399, 402 of

IPC read with Section 11/13 of MPDVPK Act and under Section 25(1-

B)A of the Arms Act.

It is submitted by the counsel for the applicant that according to

the prosecution case, the applicant had assembled with other co-

accused persons for making preparation for committing dacoity. The

recovery of 315 bore country made pistol with one live cartridge has

been falsely shown. The applicant is in jail from 19.12.2020. 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 respondent/State. It is submitted by the counsel for the

State that the applicant has criminal history and apart from the present

case, one more criminal case has been registered against him.

THE HIGH COURT OF MADHYA PRADESH MCRC No.6806/2022 Santosh Kori vs. State of M.P.

Heard the learned counsel for the parties.

Considering the facts and circumstances of the case and 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/-(Rs. 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 the 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 & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge (alok)

ALOK KUMAR 2022.02.09 14:24:33 +05'30'