Rakesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 1255 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 4001/2022 (RAKESH Vs STATE OF MADHYA PRADESH)

Through Video Conferencing

Gwalior, Dated : 27/01/2022

Shri Rajmani Bansal, Counsel for applicant.

Shri C.P. Singh, Counsel for 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 31.12.2021 in connection

with Crime No.441/2021 registered by Police Station - Dharnavada,

Distt. Guna for offence punishable under Sections 25 (1-B) (A), 25/27

of the Arms Act.

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

prosecution case, two persons after noticing the police party tried to

run away. They were apprehended. The co-accused Akbar was found

in possession of 5 pistols, whereas applicant was found in possession

of one pistol. The applicant has one criminal case to his credit,

whereas co-accused Akbar has four criminal cases to his credit. It is

submitted that the applicant is in jail for the last 27 days. The trial is

likely to take sufficiently long time and there is no possibility of his

absconding or tampering with prosecution case. Further more, in view

of the criminal antecedents, applicant is ready and willing to abide by

any stringent condition which may be imposed by the Court.

Per contra, the application is opposed by the Counsel for the

THE HIGH COURT OF MADHYA PRADESH MCRC No. 4001/2022 (RAKESH Vs STATE OF MADHYA PRADESH)

State. It is submitted that applicant has a criminal history and one

more offence under Section 25 (1-B), 27 of Arms Act was registered

against him in the year 2018.

Considering the facts and circumstances of the case and 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 Only) 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 Dharnavada, 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 & Ors. vs. State of M.P. passed on 18/3/2021

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

Aman AMAN TIWARI 2022.01.27 16:47:27 +05'30'