Naresh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3009 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.9915/2022 (NARESH VS. STATE OF M.P.)

Gwalior, Dated : 03/03/2022

Shri Sohit Mishra, learned counsel for the applicant.

Shri A.K.Nirankari, learned counsel for the State.

Case diary is available.

This third repeat application under Section 439 of Cr.P.C. has

been filed for grant of bail. Second bail application of the applicant

was dismissed by order dated 17/01/2022 passed in MCRC

No.52/2022.

The applicant has been arrested on 22/10/2021 in connection

with Crime No.253/2021 registered at Police Station Picchore,

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

of the 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, the applicant and co-accused persons had

robbed the complainant and took away his motorcycle as well as an

amount of Rs.1,550/-, one mobile of Intex company. It is submitted

that the applicant was not put for Test Identification Parade. It is true

that the motorcycle of the complainant was recovered from the

possession of the applicant, but the applicant has no criminal history

and he is in jail for the last four months. The Trial is likely to take

sufficiently long time and there is no possibility of his absconding or

tampering with the prosecution case.

THE HIGH COURT OF MADHYA PRADESH MCRC No.9915/2022 (NARESH VS. STATE OF M.P.)

Per contra, the application is vehemently opposed by the

counsel for the State. After going through the police case diary, it was

fairly conceded that the applicant has no criminal history.

Considering the period of detention as well as 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) 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)
Pj'S/-                                                                     Judge


         Digitally signed by
         PRINCEE BARAIYA
         Date: 2022.03.03
         14:38:37 -08'00'