Kishan Shrivas vs The State Of Madhya Pradesh
2022 Latest Caselaw 780 MP

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            THE HIGH COURT OF MADHYA PRADESH
                       MCRC-2315-2022
                 Kishan Shrivas Vs. State of MP

                      Through video conferencing

Gwalior, Dated : 17.01.2022

       Shri Rahul Bansal, Counsel for the applicant.

       Shri APS Tomar, 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 08.12.2021 in connection

with Crime No.631/2021 registered at Police Station City Kotwali

Distt. Bhind for offence under Sections 452, 294, 336, 506, 34 of

IPC and Section 25, 27 of Arms Act.

       It is submitted by the counsel for the applicant that according

to the prosecution case, the applicant and other co-accused persons

went to the shop of the complainant and asked him to show the

shoes. When the complainant demanded the price of the shoes, then

it was replied that they do not pay the money and came out of the

shop and the applicant and co-accused Boby fired in air. It is

submitted by the counsel for the applicant that the applicant has been

falsely implicated. In view of the criminal antecedents, he is ready

and willing to abide by any stringent condition which may be

imposed by the Court. The Trial is likely to take sufficiently long

time and there is no possibility of his absconding or tampering with
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            THE HIGH COURT OF MADHYA PRADESH
                       MCRC-2315-2022
                 Kishan Shrivas Vs. State of MP

the prosecution case.

      Per contra, the application is vehemently opposed by the

counsel for the State. However, after going through the police case

diary, it was submitted by the counsel for the State that no damage

whatsoever was caused to the shop of the complainant. However, it is

submitted that the applicant has criminal history and three more

criminal cases 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 City Kotwali, District Bhind 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

THE HIGH COURT OF MADHYA PRADESH MCRC-2315-2022 Kishan Shrivas Vs. State of MP

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.01.18 10:36:08 +05'30'