Krashnakant Jha @ Gumti vs The State Of Madhya Pradesh
2022 Latest Caselaw 663 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.1792/2022 (KRISHNKANT JHA @ GUMTI VS. STATE OF M.P.)

Through Video Conferencing

Gwalior, Dated : 13/01/2022

Shri Mohit Bhadauriya, learned counsel for the applicant.

Shri Naval Gupta, learned counsel for the State.

Case diary is available.

This second repeat application under Section 439 of Cr.P.C. has

been filed for grant of bail. First bail application of the applicant was

dismissed by order dated 14/12/2021 passed in MCRC

No.61198/2021.

The applicant has been arrested on 08/09/2021 in connection

with Crime No.457/2021 registered at Police Station Karera, District

Shivpuri for offence under Section 392 of IPC and Section 11/13 of

the MPDVPK Act.

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

the prosecution case, the complainant was returning back by walking

and was talking on his mobile phone. Two unknown persons came on

a motorcycle and snatched his mobile. It is submitted that although,

the applicant has been identified in the TIP and looted mobile of the

complainant has also been seized from the possession of the applicant,

but he is in jail from 08/09/2021 i.e. more than four months. 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.1792/2022 (KRISHNKANT JHA @ GUMTI VS. STATE OF M.P.)

submitted that in the wake of on going Covid-19 pandemic his bail

may be considered sympathetically.

Per contra, the application is vehemently opposed by the

counsel for the State. However, it is fairly conceded that the applicant

has no criminal history.

Considering the period of detention as well as considering the

fact that in the wake of Covid-19 pandemic, it is also necessary to

decongest the jail, and without commenting on the merits of the case,

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) 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 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 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: 2022.01.13
     17:06:40 -08'00'