Avdhesh @ Lalla Baghel vs The State Of Madhya Pradesh
2022 Latest Caselaw 8003 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                                      BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                         ON THE 17th OF JUNE, 2022

      MISCELLANEOUS CRIMINAL CASE NO.27156 OF 2022

       Between:-

       AVDHESH @ LALLA BAGHEL S/O
       POORAN SINGH BAGHEL, R/O
       VILLAGE-   KIROL,   POLICE
       STATION- GIJORRA, DISTRICT-
       GWALIOR (MADHYA PRADESH)
                                                                ........APPLICANT

       (BY SHRI ASHISH SINGH JADON- ADVOCATE)

       AND

       STATE OF MADHYA PRADESH
       THROUGH    POLICE  STATION-
       GIJORRA, DISTRICT- GWALIOR
       (MADHYA PRADESH)

                                                             ........RESPONDENT

        (BY SHRI A.K. NIRANKARI- PUBLIC PROSECUTOR)
----------------------------------------------------------------------------------------
       This application coming on for hearing this day, the Court passed
the following:
                                       ORDER

Case diary is available.

This first under Section 439 of Cr.P.C. has been filed for grant of

bail.

The applicant has been arrested on 21/03/2021 in connection with Crime No.15/2021 registered at Police Station- Gijorra, District-Gwalior for offence under Sections 392, 506 of IPC, Sections 11, 13 of MPDVPK Act and Sections 25, 27 of Arms Act.

According to the prosecution case, a robbery was committed and during the course of robbery, injured Preeti was beaten, as a result, she fell down in a well and her gold and silver ornaments were taken away. It is submitted by the counsel for the applicant that nothing incriminating has been seized from the possession of the applicant except gold locket, which has been duly identified. However, the applicant was not identified by the injured Preeti in the Test Identification Parade. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. This Court by order dated 23/05/2022 passed in MCRC No.18352/2022 has granted bail to the co- accused- Arjun Baghel.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that although the accused persons were not identified in the Test Identification Parade, but in the FIR itself, it was specifically mentioned that the miscreants had covered their faces. It is submitted that the applicant has a criminal history and 11 more criminal cases have been registered against him.

Considering the period of detention, but 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- Gijorra, District- Gwalior on 1 st 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 Abhi ABHISHEK CHATURVEDI 2022.06.20 20:16:15 +05'30'