Gautam Mundra vs The State Of Madhya Pradesh
2022 Latest Caselaw 240 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.63623/2021 (Gautam Mundra Vs. State of M.P.)

Gwalior, Dated: 05.01.2022

Shri P.S. Bhadoriya, Counsel for the applicant.

Shri R.K. Awasthi, 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 17.10.2021 in connection

with Crime No.1127/2021 registered at Police Station City Kotwali,

Distt. Morena for offence under Section 387, 294, 506 of IPC.

It is submitted by the counsel for the applicant that according

to the prosecution case, the applicant demanded Rs.5000/- per month

from the shop by way of Gunda tax. The allegations have been falsely

made. Although the applicant has criminal incidents but in all those

cases, he has been acquitted on merits and in some cases, he was on

bail. The applicant is in jail for the last two months. 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.

Considering the facts and circumstances of the case as well as

period of detention and without commenting on the merits of the

case, the application is allowed. It is directed that the applicant be

THE HIGH COURT OF MADHYA PRADESH MCRC No.63623/2021 (Gautam Mundra Vs. State of M.P.)

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.

It is further directed that the applicant shall appear before the

S.H.O. Police Station City Kotwali, District Morena 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 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: 2022.01.05 17:26:21 -08'00'