Ajay Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 1950 MP

                              1
           THE HIGH COURT OF MADHYA PRADESH
                     MCRC No.6775/2022
                 (Ajay Jatav Vs. State of M.P.)

                    Through video conferencing

Gwalior, Dated: 11.02.2022

      Shri Harshvardhan Singh Sisodiya, Counsel for the applicant.

      Shri Rajeev Upadhyay, 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 23.11.2021 in connection

with Crime No.1016/2021 registered at Police Station Cantt, Distt.

Guna for offence under Section 392 of IPC.

      It is submitted by the counsel for the applicant that according

to the prosecution case, two unknown persons came on a

motorcycle and snatched away the mobile phone of the

complainant. The mobile phone has been seized from the possession

of the co-accused, whereas the motorcycle, which was used for

committing offence, has been seized from the applicant. The

applicant has been identified in the Test Identification Parade.

However, it is submitted that he in jail from 23.11.2021 i.e. near

about three months. In view of the criminal antecedents, he is ready

and willing to abide any stringent condition, which may be imposed

by the Court. The Trial is likely to take sufficiently long time and
                              2
          THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.6775/2022
                (Ajay Jatav Vs. State of M.P.)

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 the applicant has a criminal

history and two more offences of similar nature were 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.

      It is further directed that the applicant shall appear before the

S.H.O. Police Station Cantt, District Guna on 1st of every

month during the pendency of the Trial. In case of bail jump or

non-appearance of the applicant before the police station as directed

by this Court, this order shall lose its effect.

      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

THE HIGH COURT OF MADHYA PRADESH MCRC No.6775/2022 (Ajay Jatav Vs. State of M.P.)

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: 2022.02.11 17:55:11 -08'00'