Manoj Jatav vs The State Of Madhya Pradesh
2022 Latest Caselaw 927 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-44-2022 Manoj Jatav Vs. State of MP

Through video conferencing

Gwalior, Dated : 19.01.2022

Shri Anil Jha, Counsel for the applicant.

Shri Awdhesh Parashar, 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 02.11.2021 in connection

with Crime No.447/2021 registered at Police Station Bhitarwar Distt.

Gwalior for offence under Sections 394, 506 of IPC, Section 11/13 of

MPDVPK Act and Section 25, 27 of Arms Act.

It is submitted by the counsel for the applicant that according

to the prosecution case, on 01.11.2021 the complainant was returning

back from the cricket stadium. It is alleged that the applicant and two

other co-accused persons came on a motorcycle and stopped the

complainant and at the gun point, co-accused Shahid Khan took away

Rs.9200/- from his pocket and co-accused Pintu Barar took away

Rs.3400/- from the pocket of Hari Jatav. So far as the applicant is

concerned, it is alleged that the applicant was sitting on a motorcycle.

It is submitted that although the previous bail applications of the co-

accused persons have already been rejected on merits, but in view of

the allegations that the applicant was merely sitting on a motorcycle

THE HIGH COURT OF MADHYA PRADESH MCRC-44-2022 Manoj Jatav Vs. State of MP

and did not snatch the money from the complainant as well as in view

of the ongoing third wave of Covid-19 Pandemic, the application for

bail may be considered sympathetically.

Per contra, the application is vehemently opposed by the

counsel for the State.

Considering the period of detention, coupled with the

allegation against the applicant 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) Judge Abhi ABHISHEK CHATURVEDI 2022.01.20 10:29:51 +05'30'