Citation : 2022 Latest Caselaw 1833 MP
Judgement Date : 9 February, 2022
1
The High Court Of Madhya Pradesh
MCRC No. 4612 of 2022
(PREM SINGH Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 09-02-2022
Heard through Video Conferencing.
Shri Ajay Raghuwanshi, learned counsel for the applicant.
Shri Anil Shukla, learned P.P. for respondent/State.
Case Diary is perused.
This is first application under Section 439 of CrPC for grant of bail. The applicant is in custody since 04/01/2022 in connection with Crime
No.82/2016 registered at Police Station Sirsi, District Guna for offence punishable under Sections 452, 354, 506 read with 34 of IPC. Sec. 7 and 8 of POCSO Act.
It is submitted by Counsel for the applicant that earlier the applicant was enlarged on bail. Learned counsel for the applicant has drawn attention of this Court to the impugned order wherein, it has been mentioned that according to the judgment, the accused Roop Singh was acquitted by showing the present applicant as absconding. Subsequently, during trial, he remained absent and in execution of arrest warrant, he was taken into custody
and since 04th January, 2022 he is in jail. Hence, it is prayed that the applicant is ready and willing to abide by any condition which may be imposed by this Court at the time of grant of bail.
On the other hand, the application is opposed by State Counsel. Looking to the aforesaid facts and circumstances of the case as well as looking to fact that he is in custody since 04.01.2022, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash security of Rs.25,000/- along with bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.
He will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.25,000/- shall be forfeited.
Application stands allowed and disposed of. Certified copy as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE
(LJ*) LOKENDRA JAIN 2022.02.09 17:15:36 +05'30'
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