Deepak Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 3429 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.12355/2022 (DEEPAK YADAV VS. STATE OF M.P.)

Gwalior, Dated : 10/03/2022

Shri Adil Khan, learned counsel for the applicant.

Shri Naval Gupta, learned 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 04/02/2022 in connection

with Crime No.12/2022 registered at Police Station Mayapur, District

Shivpuri for offence under Section 379 of IPC.

It is submitted by the counsel for the applicant that according

to the prosecution case, five buffaloes and four calf were stolen and

have been sold to one person, who was the owner of Pick Up loading

vehicle for a consideration amount of Rs.90,000/- and accordingly,

the amount has been shared by the applicant and other co-accused

persons. Neither the person to whom the cattle were sold has been

arrested nor the cattle have been recovered. There is no eye witness

of theft. The recovery of currency notes cannot be said to be an

incriminating article to implicate the applicant. The applicant has no

criminal history. 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.12355/2022 (DEEPAK YADAV VS. STATE OF M.P.)

counsel for the State. However, it is fairly conceded that there is

nothing in the case diary to indicate the criminal antecedents of the

applicant.

Considering the facts and circumstances of the case as well as

period of detention, 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: 2022.03.10
         16:59:56 -08'00'