Mohit Kapoor vs The State Of Madhya Pradesh
2022 Latest Caselaw 786 MP

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            THE HIGH COURT OF MADHYA PRADESH
                      MCRC-2423-2022
                 Mohit Kapoor Vs. State of MP

                      Through video conferencing

Gwalior, Dated : 17.01.2022

       Shri Rajmani Bansal, Counsel for the applicant.

       Shri Rajeev Upadhyay, Counsel for the State.

       Case diary is available.

       This fourth application under Section 439 of Cr.P.C. has been

filed for grant of bail.

       The applicant has been arrested on 10.07.2021 in connection

with Crime No.146/2021 registered at Police Station Huzrat Kotwali

Distt. Gwalior for offence under Sections 327, 452, 294, 324, 506, 34

of IPC and enhanced Sections 325, 329 of IPC.

       It is submitted by the counsel for the applicant that third bail

application of the applicant was dismissed as withdrawn by order

dated 14.12.2021 passed in M.Cr.C. No.59094/2021 with liberty to

revive the prayer after undergoing some reasonable period of

detention. The applicant is in jail from 10.07.2021, i.e., more than six

months. According to the prosecution case, the applicant and other

co-accused persons went to a jewelry shop and caused injury to the

complainant and injured. The applicant was allegedly armed with an

iron rod. The injured Harsh had suffered fracture of tibia bone of his

right hand. The applicant has a criminal history and three more

offences under Sections 323, 294 of IPC were registered and no case
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            THE HIGH COURT OF MADHYA PRADESH
                      MCRC-2423-2022
                 Mohit Kapoor Vs. State of MP

for any heinous offence was registered against him. 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

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

history, but it was fairly conceded that all those three cases were

registered for offence under Section 323 of IPC and no case for any

heinous offence was registered against him.

      Considering the period of detention, 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 Huzrat Kotwali Distt. Gwalior 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-2423-2022 Mohit Kapoor 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 10:36:25 +05'30'