Arvind Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 3400 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-12181-2022 Arvind Yadav Vs. State of MP

Gwalior, Dated : 10.03.2022

Shri R.S. Yadav, Counsel for the applicant.

Shri Naval Kishore Gupta, Counsel for the 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 18.02.2022 in connection

with Crime No.88/2022 registered at Police Station Civil Line Distt.

Vidisha for offence under Section(s) 457, 380 of IPC.

It is submitted by the counsel for the applicant that according

to the prosecution case, theft was committed in the shop and a total

amount of Rs.5,000/- was stolen. It is submitted that an amount of

Rs.2,400/- and an iron rod has been seized from the possession of the

applicant, which cannot be said to be an incriminating article in

absence of any specific mark. The applicant has criminal antecedents

and one more offence under Sections 294, 327, 506, 34 of IPC was

registered in the year, 2021 and, therefore, he undertakes to abide by

any condition which may be imposed by the Court. The Trial is likely

to take sufficiently long time and there is no possibility of his

absconding or tampering with the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State. However, after going through the police case

THE HIGH COURT OF MADHYA PRADESH MCRC-12181-2022 Arvind Yadav Vs. State of MP

diary, it is fairly conceded that only one more criminal case was

registered against him.

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.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Civil Line, District Vidisha on 1st of every

month during the pendency of the Trial. In case of bail jump or non-

appearance of the applicant before the police station as directed by

this Court, this order shall lose its effect.

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) Judge Abhi ABHISHEK CHATURVEDI 2022.03.11 17:01:14 +05'30'