Bhoora @ Dheerpal vs The State Of Madhya Pradesh
2022 Latest Caselaw 2079 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.4638/2022 (BHOORA @ DHEERPAL VS. STATE OF M.P.)

Gwalior, Dated : 15/02/2022

Shri M.L.Tomar, learned counsel for the applicant.

Shri Rajeev Upadhyay, learned 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 11/01/2022 in connection

with Crime No.366/2017 registered at Police Station Civil Line

Morena, District Morena for offence under Sections 394 r/w 34 of

IPC and Section 11 and 13 of the MPDVPK Act.

It is submitted that the incident took place on 01/06/2017 and it

is alleged that an amount of Rs.3,500/-, Mobile and one LCD were

looted from the shop of the complainant. It is further submitted that

the applicant was not named in the FIR and the case is based on

confessional statement made by the accused. The applicant was not

aware of the registration of offence, therefore, it cannot be said that

he was absconding for the last four years. Trial is likely to take

sufficiently long time. There is no possibility of his absconding or

tampering with the prosecution case. It is further submitted that co-

accused Ballu Gurjar has already been granted bail by this Court by

order dated 03/01/2022 passed in MCRC No.62558/2021.

Per contra, the application is vehemently opposed by the

THE HIGH COURT OF MADHYA PRADESH MCRC No.4638/2022 (BHOORA @ DHEERPAL VS. STATE OF M.P.)

Counsel for the State. It is submitted that the Test Identification

Parade has been 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)
Pj'S/-                                                                    Judge

    Digitally signed by
    PRINCEE BARAIYA
    Date: 2022.02.15
    17:36:34 -08'00'