Jitendra Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 162 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.58166/2021 (Jitendra Yadav Vs. State of M.P.)

Gwalior, Dated: 04.01.2022

Shri Ashok Kumar Jain, Counsel for the applicant.

Shri A.K. Nirankari, 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 05.07.2021 in connection

with Crime No.66/2013 registered at Police Station Murar, Distt.

Gwalior for offence under Section 147, 148, 302, 307 of IPC.

It is submitted by the counsel for the applicant that except the

confessional statement of the co-accused, there is no admissible

evidence against the applicant. 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 few persons sitting in

Scorpio four wheeler chased another vehicle and fired gun shots,

causing death of two persons. However, he fairly conceded that the

name of the applicant was not mentioned in the FIR and he has been

implicated on the basis of the confessional statement made by the co-

accused. However, it is submitted that the applicant was absconding,

but he fairly conceded that no test identification parade has been

THE HIGH COURT OF MADHYA PRADESH MCRC No.58166/2021 (Jitendra Yadav Vs. State of M.P.)

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 Shanu Digitally signed by SHANU RAIKWAR Date: 2022.01.04 17:32:50 -08'00'