Rakesh Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 3098 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 10339/2022
         (RAKESH SINGH Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 04/03/2022

      Shri Rameshwar Rawat, Counsel for applicant.

      Shri A.K. Nirankari, Counsel for State.

      Case diary is available.

      This is fourth application filed under Section 439 of Cr.P.C. for

grant of bail. The third application was dismissed by order dated

01.02.2022 passed in M.Cr.C. No.3173/2022 as withdrawn.

      The applicant has been arrested on 01.09.2021 in connection

with Crime No.138/2020 registered at Police Station Sirol, Distt.

Gwalior for offence under Sections 379, 414, of IPC and Section 4/21

Khan Khanij Adhiniyam and Section 130/177 of Motor Vehicles Act.

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

prosecution case, the applicant is the owner of the tractor and trolley

which was being used for illegal transportation of illegally excavated

sand. It is submitted that applicant is in jail for the last six months.

The trial is likely to take sufficiently long time and there is no

possibility of his absconding or tampering with prosecution case.

      Per contra, the application is opposed by Counsel for the

respondent/State. However, it is submitted that applicant has no

criminal history.

Heard the learned counsel for the parties.

Considering the period of detention and without commenting on

the merits of the case, the application is allowed. It is directed that the

THE HIGH COURT OF MADHYA PRADESH MCRC No. 10339/2022 (RAKESH SINGH Vs THE STATE OF MADHYA PRADESH)

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 the 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 & 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 rule.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2022.03.04 15:55:13 +05'30'