Shrimohan Meena vs The State Of Madhya Pradesh
2022 Latest Caselaw 3599 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.13148/2022 Shrimohan Meena Vs. State of M.P.

Gwalior, Dated:14/03/2022

Shri Rajesh Goswami, Counsel for the applicant.

Shri PPS Vajeeta, 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 5/2/2022 in connection with

Crime No.38/2022 registered at Police Station Kotwali Sheopur,

District Sheopur for offence under Section 379 of IPC.

It is submitted by the counsel for the applicant that according

to the prosecution case, one EECO Maruti Van was stolen. In the

CCTV camera, it was seen that one Bolero of white colour had

stopped and some people deboarded the Bolero vehicle and the stolen

EECO car was also taken away. From the CCTV footage, it was clear

that the name "Vedprakash Meena" was written on the Bolero Jeep.

The police has arrested Vedprakash Meena and the white coloured

Bolero jeep as well as the stolen EECO car have been seized from his

possession. The applicant has been made accused on the basis of

confessional statement of co-accused Vedprakash Meena, which is

not admissible in the light of Sections 25 and 27 of the Evidence Act.

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. It is fairly conceded that the case is based on

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.13148/2022 Shrimohan Meena Vs. State of M.P.

the confessional statement of the co-accused Vedprakash Meena,

however, it is submitted that the applicant has a criminal history and

one Crime No.99/2017 was registered at Police Station Batoda,

District Savaimadhopur (Rajasthan).

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.2,00,000/- (Rupees Two Lacs Only)

with two local sureties of Rs.1,00,000/- (Rs. One Lac Only) each 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) Judge Arun* ARUN KUMAR MISHRA 2022.03.15 18:44:03 +05'30'