Balram @ Ballu vs The State Of Madhya Pradesh
2022 Latest Caselaw 574 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.1506/2022 (BALRAM @ BALLU VS. STATE OF M.P.)

Through Video Conferencing

Gwalior, Dated : 12/01/2022

Shri Vipin Babu Sharma, learned counsel for the applicant.

Shri A.K.Nirankari, learned 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 23/10/2021 in connection

with Crime No.119/2021 registered at Police Station Mugalsaray,

District Vidisha for offence under Sections 379 of IPC and Section 136

of Electricity Act.

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

the prosecution case, the applicant had committed theft of oil from the

electric transformer. He is in jail from 23/10/2021 i.e. more than two

and half months.

So far as the criminal history is concerned, three criminal cases

were registered against the applicant on the same day. The applicant is

ready and willing to abide by any stringent condition, which may be

imposed by this Court. 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.1506/2022 (BALRAM @ BALLU VS. STATE OF M.P.)

counsel for the State. It is submitted that the applicant has a criminal

history and two more criminal cases similar in nature have been

registered against him.

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.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Mugalsaray, 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 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)
Pj'S/-                                                                    Judge

         Digitally signed by
         PRINCEE BARAIYA
         Date: 2022.01.12
         14:43:02 -08'00'