Govardhan vs The State Of Madhya Pradesh
2022 Latest Caselaw 7581 MP

                                 1
             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. 27091 of 2022

        Between:-
        GOVARDHAN S/O BUDHRAM, AGE 27 YEARS,
        OCCUPATION:   STUDENT,   R/O   VILLAGE
        AHRAWA, POLICE STATION SADAR, DISTRICT
        PALWAL, HARYANA (INDIA)

                                                             .....APPLICANT
        (BY SHRI RANDHEER RUHAL - ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION MURAR, DISTRICT GWALIOR
        (MADHYA PRADESH)

                                                          .....RESPONDENT
        (BY SHRI R.S. DHAKAD - PUBLIC PROSECUTOR)

      This application coming on for hearing 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.

T he applicant has been arrested on 9.4.2022 in connection with Crime No.363/2022 registered at Police Station Morar, District Gwalior for offence under Sections 399, 400, 402 of IPC, under Section 11/13 of MPDVPK Act and under Section 25, 27, 25(B) of the Arms Act.

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

prosecution case, the applicant had assembled with other co-accused persons for making preparation for committing dacoity. The recovery of car has been falsely shown. The applicant is an innocent person. The applicant has no criminal history. 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. However, it is submitted that as per the case diary, the applicant has no criminal history.

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 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.

The application is allowed.

(G.S. AHLUWALIA)

V. JUDGE (alok)

ALOK KUMAR 2022.06.06 18:10:58 +05'30'