Akash @ Lala Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 8260 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR

                                      BEFORE

     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA

                        ON THE 22nd OF JUNE, 2022


      MISCELLANEOUS CRIMINAL CASE NO. 30040 of 2022

       Between:-

       AKASH @ LALA YADAV S/O LATE
       SHRI BHAGWAN SINGH, AGE : 24
       YEARS, OCCUPATION : LABOUR,
       R/O CHANDANPURA IN FRONT OF
       CHAUHAN    GODAM,     BIRLA
       NAGAR, HAZEERA, GWALIOR
       (MADHYA PRADESH)

                                                                ........APPLICANT

       (BY SHRI ANURAG SHARMA - ADVOCATE)

       AND

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

                                                             ........RESPONDENT

        (BY SHRI A.K. NIRANKARI - ADVOCATE)
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       This application coming on for hearing this day, the Court passed
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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 26.04.2022 in connection with Crime No.154/2022 registered at Police Station Hazeera District Gwalior for offence under Sections 294, 327, 506, 427, 34 of IPC.

It is submitted by the counsel for the applicant that according to the prosecution case, the applicant and other co-accused persons demanded Rs.500/- from the complainant for purchasing liquor and when it was refused by the complainant, then he was filthily abused and assaulted him by fists and blows. Even the glasses of car were damaged. It is submitted by the counsel for the applicant that he is in jail for the last two months. The applicant has a criminal history and, according to the rejection order, 8 criminal cases have been registered against him and, therefore, he is ready and willing to abide by any stringent condition which may be imposed by the Court including that of furnishing cash surety.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that according to the criminal history of the applicant, as many as 10 more criminal cases apart from one preventive detention proceedings have been registered against the applicant.

Considering the nature of allegations as well as criminal antecedents of the applicant, this Court is of the considered pinion that the applicant can be granted bail only on stringent condition of

furnishing cash surety. Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing cash surety of Rs.1,00,000/- (Rupees One Lac) 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.

It is made clear that single default in appearance before the Trial Court, or in case of registration of new offence, this bail order shall automatically come to an end and the cash surety so furnished by the applicant shall automatically stand forfeited without any reference to the Court.

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.

CC as per rules.

(G.S. AHLUWALIA) JUDGE Abhi ABHISHEK CHATURVEDI 2022.06.23 18:01:11 +05'30'