Vishnu @ Chintu Parmar vs The State Of Madhya Pradesh
2022 Latest Caselaw 1254 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.2582/2022 (Vishnu @ Chintu Parmar Vs. State of M.P.)

Through video conferencing

Gwalior, Dated: 27.01.2022

Shri Subhendu Singh, Counsel for the applicant.

Shri C.P. Singh, 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 01.01.2022 in connection

with Crime No.746/2021 registered at Police Station Maharajpura,

Distt. Gwalior for offence under Sections 365, 394 of IPC and

Section 11, 13 of MPDVPK Act.

It is submitted by the counsel for the applicant that according

to prosecution case, the applicant and other co-accused persons, after

abducting the complainant, took away his mobile and an amount of

Rs.40/-. It is submitted that the applicant has been falsely implicated

on the basis of memorandum of co-accused, which is not admissible.

Although the applicant is in jail for the last 25 days but the Test

Identification Parade has not been conducted. 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 one

THE HIGH COURT OF MADHYA PRADESH MCRC No.2582/2022 (Vishnu @ Chintu Parmar Vs. State of M.P.)

criminal case to his credit.

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 Shanu Digitally signed by SHANU RAIKWAR Date: 2022.01.27 17:08:41 -08'00'