Lavkush Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 923 MP

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           THE HIGH COURT OF MADHYA PRADESH
                      M.Cr.C.3005/2022
                 Lavkush Jatav v. State of M.P

                      Through video conferencing

Gwalior, Dated: 19.01.2022

       Shri Ayush Saxena, Counsel for the applicant.

       Shri C.P. Singh, 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 21.10.2021 in connection

with Crime No. 73/2021 registered by Police Station Rawatpura

Distt. Bhind for offence punishable under Sections 380, 457 of IPC.

       It is submitted by the Counsel for the applicant that applicant is

in jail for the last three months. According, to the prosecution case

theft had taken place in the house of the complainant and a box

containing gold mangalsutra, gold ear rings, silver ornaments,

mobile phone and cash amount Rs.8,000/- were stolen. It is submitted

that one gold mangalsutra and one pair of anklets have been seized

from the possession of the applicant. Although, the articles have been

identified, but the applicant is in jail for the last three months. In

view of Criminal antecedents, he is ready 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 opposed by the counsel for the
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                  THE HIGH COURT OF MADHYA PRADESH
                             M.Cr.C.3005/2022
                        Lavkush Jatav v. State of M.P

     respondent/State. It is submitted that gold mangalsutra with one pair

of anklets and Bichia were seized from the possession of the

applicant and were identified. Applicant has criminal antecedents and

two more cases of similar 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 Rawatpura, 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

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. Ahluwalia) Judge ar ABDUR RAHMAN 2022.01.20 10:56:46 +05'30'