Abhishek @ Chhotu vs The State Of Madhya Pradesh
2022 Latest Caselaw 2163 MP

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           THE HIGH COURT OF MADHYA PRADESH
                       M.Cr.C.8587/2022
               Abishek alias Chotu v. State of M.P.

Gwalior, Dated: 16.02.2022

       None for the applicant.

       Shri Lokendra Shrivastava, Counsel for the respondent/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 18.01.2022 in connection

with Crime No.8/2022 registered by Police Station Sehore Distt.

Shivpuri for offence punishable under Sections 379 of IPC.

According to the prosecution case, three Buffaloes, three

calves worth Rs. 2.5 lacs went missing on 24.12.2021. The statement

of one Uttam Singh and Ajmer were recorded on 16.01.2022,

according to which, they have seen appliant and Vakil Parihar along

with two more persons taking away the cattle. The applicant

Narendra Singh has been identified by the witnesses. However

nothing has been seized from their possession. As per their statement

recorded under Section 27 of the Evidence Act, the co-accused

Raghvendra Parihar had taken away the cattles and on next day gave

Rs.10,000/- each to all the co-accused persons, but the applicant

expressed his ignorance about the whereabouts of the cattles. Cattles

were stolen in the night of 25th of December, 2021 and the witnesses

for the first time came forward on 16.01.2022 to say that they have

seen two co-accused persons, namely, Vakil Parihar and the applicant

and two more persons along with cattle.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.8587/2022 Abishek alias Chotu v. State of M.P.

Per contra, the application is vehemently opposed by the

counsel for the State.

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 2022.02.16 17:47:57 +05'30'