Praveen Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 3182 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 11601/2022 (PRAVEEN SHARMA Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 07/03/2022

Shri Rajiv Sharma, Counsel for applicant.

Shri Naval Kishor Gupta, Counsel for State.

Shri Arvind Singh Chauhan, Counsel for complainant.

Case diary is available.

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

grant of bail.

The applicant has been arrested on 20.02.2022 in connection

with Crime No.58/2022 registered by Police Station City Kotwali,

District Bhind for offence punishable under Sections 384, 388, 347,

323, 294, 120-B, 34 of IPC.

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

the prosecution case, the complainant lodged a report that he received

a call on his mobile of the co-accused Babita Gurjar who informed

that she is also in the business of diary and since the complainant is

also in the business of diary, therefore, he may sell the ghee of her

shop. After repeated calls made by Babita Gurjar, he went to the house

of Babita Gurjar on 09.02.2022, where two persons came and started

assaulting the complainant. They were calling each other as Brijlal and

Deepak. They demanded money, and accordingly, he gave his 3 ATM

cards to Deepak and amount of Rs.36,000/- were withdrawn from his

ATM, and thereafter, they insisted that complainant should pay some

more money, and accordingly, he took them to petrol pump and gave

THE HIGH COURT OF MADHYA PRADESH MCRC No. 11601/2022 (PRAVEEN SHARMA Vs THE STATE OF MADHYA PRADESH)

Rs.30,000/- to co-accused Babita after swapping the credit card.

Although the mobile and motor cycle were returned but the credit card

and ATM cards were not returned. It is submitted that so far as the

applicant is concerned, there is no allegation that he was ever involved

in the commission of the aforesaid offence. The only allegation is that

much prior to the incident, he was seen talking with co-accused Babita

Gurjar and hatching conspiracy. No-one would hatch conspiracy in the

open so that the same can be over heard by independent witnesses.

Applicant is in jail from 20.02.2021. 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 vehemently opposed by the

Counsel for the State as well complainant. It is submitted by Shri

Chauhan that in fact the applicant is perpetrator of the offence and he

had persuaded the co-accused Babita to commit the offence.

Heard the learned counsel for the parties.

Considering the nature of allegations and 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 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

THE HIGH COURT OF MADHYA PRADESH MCRC No. 11601/2022 (PRAVEEN SHARMA Vs THE STATE OF MADHYA PRADESH)

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 2022.03.07 17:23:56 +05'30'