Gaurav Rajpoot vs The State Of Madhya Pradesh
2022 Latest Caselaw 3092 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 3586/2022 (GAURAV RAJPOOT Vs STATE OF M.P.)

Gwalior, Dated : 04/03/2022

Shri Nirmal Sharma, Counsel for applicant.

Shri C.P. Singh, Counsel for State.

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 05.10.2021 in connection

with Crime No.18/2021 registered at Police Station - Crime Branch,

District Gwalior for offence under Sections 8/21 and 8/29 of NDPS

Act.

It is submitted by Counsel for the applicant that according to

the prosecution case, the applicant had sold contraband to the co-

accused persons. It is submitted that he has been implicated on the

basis of memorandum of co-accused persons. The applicant has also

filed a copy of the order dated 13.08.2021 passed by CJM, Mainpuri

which is to the effect that in Crime No.781/2020, the surety had filed

an application to withdraw his surety bond because the conduct of

applicant was not good and he was always intending to leave the

Court jurisdiction, and accordingly, the surety bond furnished by the

surety were recalled and the applicant was sent to jail. The applicant

is in jail from 05.10.2021. The Trial is likely to take sufficiently long

time.

THE HIGH COURT OF MADHYA PRADESH MCRC No. 3586/2022 (GAURAV RAJPOOT Vs STATE OF M.P.)

Per contra, the application is vehemently opposed by Counsel

for the State.

It is clear that even according to the person who had stood

surety in another case, the conduct of applicant is not good, therefore,

possibility of the applicant running away from the Court in order to

avoid the trial cannot be rulled out.

Under these circumstances, he can be granted bail only on the

stringent condition of furnishing cash surety. The co-accused persons

Sunil Jatav and Bharat Jatav were arrested with 300 + 300 = 600

grams of smack, and according to the prosecution, it was the

applicant who had sold the smack.

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.10,00,000/- (Rupees

Ten Lacs Only) 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

THE HIGH COURT OF MADHYA PRADESH MCRC No. 3586/2022 (GAURAV RAJPOOT Vs STATE OF M.P.)

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 & Ors. vs. State of M.P. passed on 18/3/2021

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 Aman AMAN TIWARI 2022.03.04 17:38:34 +05'30'