Madhya Pradesh High Court
Abhilash Vankhede vs The State Of Madhya Pradesh on 11 January, 2022
Author: Vivek Agarwal
1 MCRC-1120-2022
The High Court Of Madhya Pradesh
MCRC No. 1120 of 2022
(ABHILASH VANKHEDE Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 11-01-2022
Heard through Video Conferencing.
Shri Ghanshyam Pandey, learned counsel for the applicant.
Shri Jitendra Shrivastava, learned PL for the respondent/State.
Applicant/Abhilash Vankhede has filed this first bail application under Section 439 of CrPC in
connection with Crime No. 1005/2021 under Sections 25, 27 of Arms Act registered at police
station Hanumantal, District Jabalpur (M.P) and applicant is in custody since 10/12/2021.
Learned counsel for the applicant submits that investigation is complete and charge sheet has
been filed. Applicant is innocent and has been falsely implicated. Only a china made knife has
been recovered from his possession. Merely on the basis of criminal history of 4 cases, bail has
been denied to him.
Placing reliance on the judgment passed in the case of Prabhakar Tewari Vs. State of Uttar
Pradesh & another (2020) 11 SCC 648, it is submitted that only criminal history is not to be
seen merits of the case are required to be appreciated. It is submitted that knife was never put to
any use and was recovered from the applicant. There is non application of mind on the part of
the prosecution inasmuch as they have not produced gazette notification in regard to size etc of
knife along with the charge sheet. Though it is necessary that such gazette notification is to be
exhibited before the trial court.
It is submitted that applicant is youth. His family is dependent on his work and if he is kept in
custody for long, there are chances of his getting influenced. The applicant is in custody since
10/12/2021. On aforesaid grounds prayer is made to enlarge applicant on bail.
Learned Panel Lawyer for the State opposes the prayer made by learned counsel for the
applicant and submits that there is mention of criminal history of 4 criminal cases. Out of which
one is Crime No.728/2017 under section 25, 27 of Arms Act and also under provisions of
Explosive Act. Similarly another case Crime No.829/2017 under provisions of Arms Act and
Explosive Act and another case of the year 2017 under Arms Act was registered whereas
present case is also under Arms Act.
After hearing learned counsel for the parties and going through the record, it is evident that out of
Signature Not Verified
SAN
4 cases, which are mentioned by Shri Jitendra Shrivastava, learned Panel Lawyer and so also
Digitally signed by TARUN KUMAR
SALUNKE
Date: 2022.01.11 18:57:38 IST
2 MCRC-1120-2022
judgment rendered by Supreme Court in case of Prabhakar Tewari (supra), it is evident that
Hon'ble Supreme Court has held in Para 7 that "offence alleged no doubt is grave and serious
and there are several criminal cases pending against the accused. These factors by themselves
cannot be the basis for refusal of prayer of bail."
Therefore, taking into consideration facts and circumstances of the case and judgment of
Supreme Court in case of Prabhakar Tewari (supra), it is a fit case for grant of bail, hence
without commenting anything on merits of the case, this bail application is allowed. It is directed
that applicant Abhilash Vankhede be released on bail on his furnishing a personal bond to the
tune of Rs.50,000/- with two solvent sureties in the like amount to the satisfaction of the learned
Trial Court. It is further directed that the applicants shall comply with the provisions of Section
437(3) of the Cr.P.C.
The jail authorities and the State Government are directed to follow the guidelines issued by the
Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
In above term, this bail application is disposed of.
Certified copy as per rules
(VIVEK AGARWAL)
JUDGE
tarun
Signature Not Verified
SAN
Digitally signed by TARUN KUMAR
SALUNKE
Date: 2022.01.11 18:57:38 IST
