Madhya Pradesh High Court
Anand vs The State Of Madhya Pradesh on 12 January, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 1419/2022
(ANAND Vs THE STATE OF MADHYA PRADESH)
Through Video Conferencing
Gwalior, Dated : 12/01/2022
Shri Pradeep Katare, Counsel for applicant.
Shri Naval Gupta, Counsel for State.
Case diary is available.
This is third application filed under Section 439 of Cr.P.C. for
grant of bail. The second application was dismissed by order dated
15.11.2021 passed in M.Cr.C. No.55474/2021 as withdrawn.
The applicant has been arrested on 05.07.2021 in connection
with Crime No.451/2020 registered by Police Station Mehgaon,
District Bhind for offence punishable under Sections 392, 201, 394,
34 of IPC and Section 11/13 of MPDVPK Act.
It is submitted by the Counsel for the applicant that second bail
application of applicant was dismissed as withdrawn by order dated
15.11.2021 on the ground that bail application of co-accused Gopal
Singh has recently been dismissed. However, by order dated
05.01.2022 passed in M.Cr.C. No.63875/2021, this Court has granted
bail to co-accused Gopal Singh and the case of applicant is identical to
that of co-accused Gopal Singh. The applicant is in jail from
05.07.2021 and trial is likely to take sufficiently long time and there is
no possibility of his absconding or tampering with prosecution case.
Per contra, the application is vehemently opposed by the
Counsel for the respondent/State. It is submitted that applicant has
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 1419/2022
(ANAND Vs THE STATE OF MADHYA PRADESH)
snatched a gold chain from the neck of the wife of complainant and he
has been duly identified in Test Identification Parade and apart from
that a piece of gold chain has also been recovered from the applicant.
It is further submitted that applicant has a criminal history and one
more offence has been registered against him.
Heard the learned counsel for the parties.
In view of the fact that co-accused Gopal Singh has been
granted bail by order dated 05.01.2022 and 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.
This order shall remain effective till the end of the 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 & 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 rule.
(G.S. Ahluwalia)
Judge
Aman
AMAN TIWARI
2022.01.12
17:06:32 +05'30'
