Yogesh Chari vs The State Of Madhya Pradesh
2022 Latest Caselaw 1119 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-3929-2022 Yogesh Chhari Vs. State of MP

Through video conferencing

Gwalior, Dated : 24.01.2022

Shri Prasoon Kumar Maheshwari, Counsel for the applicant.

Ms. Kalpana Parmar, 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 21.12.2021 in connection with

Crime No.298/2021 registered at Police Station GRP BG Distt. Gwalior

for offence under Section 392 of IPC and Section 11/13 of MPDVPK Act

and later added Sections 201, 34 of IPC.

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

prosecution case, bag of the complainant who had deboarded from the rail

was snatched away. Although an amount of Rs.6,000/- is alleged to have

seized from the possession of the applicant, but the police did not conduct

Test Identification Parade. Charge-sheet has been filed. The amount so

seized from the applicant cannot be said to be an incriminating evidence

in absence of any specific mark. The applicant undertakes to abide by any

stringent condition which may be imposed by the Court. 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 State. It is submitted that the applicant has a criminal

THE HIGH COURT OF MADHYA PRADESH MCRC-3929-2022 Yogesh Chhari Vs. State of MP

history of one more offence under Section 336, 427, 506, 34 of IPC.

However, it is fairly conceded that although the charge-sheet has

been filed, but no Test Identification Parade was 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) Judge Abhi ABHISHEK CHATURVEDI 2022.01.24 16:26:55 +05'30'