Boby Adiwasi vs The State Of Madhya Pradesh
2022 Latest Caselaw 7571 MP

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                IN THE HIGH COURT OF MADHYA PRADESH
                             AT GWALIOR
                                       BEFORE
               HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                              ON THE 6th OF JUNE, 2022

                   MISC. CRIMINAL CASE No. 26266 of 2022

          Between:-
          BOBY ADIWASI S/O SANJEEV @ BABLU ADIWASI ,
          AGED ABOUT 22 YEARS, OCCUPATION: LABOUR
          WARD NO 1 CHATTARPURA PS GOHAD TEH
          GOHAD (MADHYA PRADESH)

                                                                    .....APPLICANT
          (BY SHRI D.S. KUSHWAH - ADVOCATE)

          AND

          THE STATE OF MADHYA PRADESH INCHARGE
          POLICE STATION P.S. BAROHI (MADHYA
          PRADESH)

                                                                  .....RESPONDENT
          (BY SHRI LOKENDRA SHRIVASTAVA - ADVOCATE)

        This application coming on for admission this day, the court passed the
following:
                                       ORDER

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 24.04.2022 in connection with Crime

No.48/2022 registered at Police Station Barohi, District Bhind for offence under

Sections399, 400 and 402 of IPC, Section 11/13 of MPDVPK Act and Section

25/27 of the Arms Act.

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

prosecution case, applicant and other co-accused persons had assembled for 2 of 2

making preparation for committing dacoity. The applicant was arrested on the spot

and it is alleged that one .315 bore country-made pistol along with one live

cartridge were seized. He has been falsely implicated. Applicant is ready and

willing to abide by any 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 vehemently opposed by the Counsel for the

respondent/State. It is further submitted that the applicant has a criminal history of

one more offence under Sections 354 (D) and 294 of IPC.

Considering the nature of allegations as well as period of detention and the

young age of the applicant, 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 Only)

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.

Application is allowed.

(G.S. AHLUWALIA) V. JUDGE AKS ALOK KUMAR 2022.06.06 18:43:56 +05'30' 11.0.23