Golu @ Nitesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 339 MP

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           THE HIGH COURT OF MADHYA PRADESH
                     MCRC No.64086/2021
                 Golu @ Nitesh vs. State of M.P.

Gwalior, Dated : 06/01/2022

       Shri Ashutosh Pandey, Counsel for the applicant.

       Shri A.P.S. Tomar, Panel Lawyer 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 30.11.2021 in connection

with Crime No.179/2021 registered at Police Station Shahar Basoda,

District Vidisha for offence under Sections 327, 294, 323, 506, 34 of

IPC.

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

the prosecution case, the applicant went to the Dhaba and demanded

money from the complainant for purchasing liquor and when he

refused to do so, then he was abused. The applicant picked up Danda

lying on the spot and assaulted on the head of the injured. It is further

alleged that an amount of Rs.2,000/- which was kept in the shop of the

complainant was taken away. While fleeing away, they also extended a

threat that in future also the complainant must give money for

purchasing liquor. It is submitted that the allegations are false. Further

the applicant is in jail from 30.11.2021. The trial is likely to take

sufficiently long time and there is no possibility of his absconding or

tampering with the prosecution case. It is further submitted that in

view of the criminal antecedents of the applicant, he is ready and
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             THE HIGH COURT OF MADHYA PRADESH
                       MCRC No.64086/2021
                   Golu @ Nitesh vs. State of M.P.

willing to abide by any stringent condition which may be imposed by

the Court.

      Per contra, the application is vehemently opposed by the

counsel for the respondent/State. It is submitted that apart from the

present case, 10 more criminal cases were registered against the

applicant including one under Section 302 of IPC and apart from that,

on two occasions, the order under Sections 14 and 15 of M.P. Rajya

Suraksha Adhiniyam were also passed.

In reply, it is submitted by the counsel for the applicant that so

far as the offence under Section 302 of IPC is concerned, he has

already been acquitted on merits and he has also been acquitted in one

more offence which was registered under Section 194 of IPC.

Considering the period of detention 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 Shahar Basoda, District Vidisha 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.64086/2021 Golu @ Nitesh vs. State of M.P.

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)
(alok)                                                                 Judge




ALOK KUMAR
2022.01.06 17:03:58 +05'30'