Madhya Pradesh High Court
Vinod Rawat vs The State Of Madhya Pradesh on 18 January, 2022
Author: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
MCRC No. 1622/2022
(VINOD RAWAT Vs THE STATE OF MADHYA PRADESH)
Through Video Conferencing
Gwalior, Dated : 18/01/2022
Shri R.K. Shrivastava, Counsel for applicant.
Shri Naval Gupta, Counsel for State.
Case diary is available.
This is first application filed under Section 439 of Cr.P.C. for
grant of bail.
The applicant has been arrested on 18.12.2021 in connection
with Crime No.1031/2021 registered by Police Station - Dabra City,
District Gwalior for offence punishable under Sections 382, 34 of IPC
added Sections 392, 34 of IPC and Section 11 & 13 of MPDVPK Act
and Section 25/27 of Arms Act.
It is submitted by Counsel for the applicant that according to
the prosecution case, 2-3 unknown persons went to the shop of the
complainant and at the gunpoint, they took away an amount of
Rs.30,000-40,000/-. It is submitted that only an amount of Rs.5,000/-
and a country made pistol are alleged to have been seized from the
possession of applicant. So far the seizure of currency notes is
concerned, it is submitted that in absence of any specific mark, it
cannot be said that the seizure of Rs.5000/- is an incriminating
circumstance. Although the applicant is in jail from 18.12.2021 but no
Test Identification Parade has been conducted so far. The trial is
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THE HIGH COURT OF MADHYA PRADESH
MCRC No. 1622/2022
(VINOD RAWAT Vs THE STATE OF MADHYA PRADESH)
likely to take sufficiently long time and there is no possibility of his
absconding or tampering with prosecution case. It is further submitted
that this Court by order dated 12.01.2022 passed in M.Cr.C.
No.1464/2022 has granted bail to co-accused Raghvendra Singh
Rawat and the case of applicant is identical to that of the case of co-
accused Raghvendra Singh Rawat except the seizure aspect.
Per contra, the application is opposed by the Counsel for the
respondent/State. However, after going through the case diary, it is
submitted that applicant has no criminal history.
Heard the learned counsel for the parties.
In view of the fact that the Police has failed to conduct the Test
Identification parade in spite of the fact that applicant is in jail for last
one month as well as co-accused Raghvendra has been granted bail
by this Court by order dated 12.01.2022 passed in M.Cr.C.
No.1464/2022, this Court is inclined to grant bail to the applicant.
Considering the period of detention and without commenting
on the merits of the case, it is directed that in case, if the applicant
deposits an amount of Rs.15,000/- in the Registry of this Court for
utilization of the same for the up-gradation of the Civil
Dispensary functioning in the Court premises for fighting against
Covid-19 Pandemic and on furnishing a personal bond in the sum of
Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 1622/2022
(VINOD RAWAT Vs THE STATE OF MADHYA PRADESH)
to the satisfaction of the Trial Court/Committal Court, he shall be
released on bail for his appearance before the concerning 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 Dabra City, District Gwalior on 1st of every
month during the pendency of the Trial. In case of bail jump or
nonappearance 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 & 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
2022.01.19 11:00:18
+05'30'
