Madhya Pradesh High Court
Dilip @ Delhi Valmik vs The State Of Madhya Pradesh on 14 March, 2022
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
MCRC No.11732/2022
(DILEEP @ DILLI VALMIK VS. STATE OF M.P.)
Gwalior, Dated : 14/03/2022
Shri L.P.Shrivastava, learned counsel for the applicant.
Shri A.K.Nirankari, 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 23/01/2022 in connection
with Crime No.66/2022 registered at Police Station Janakganj,
District Gwalior for offence under Sections 25 and 27 of the Arms
Act.
It is submitted by the counsel for the applicant that according
to the prosecution case, one country made pistol with one live
cartridge has been seized from his possession. The applicant has been
falsely implicated. He is in jail for the last more than one and half
month. The Trial is likely to take sufficiently long time and there is
no possibility of his absconding or tampering with the prosecution
case. It is further submitted that in view of the criminal antecedents
of the applicant, he is ready and willing to abide by any stringent
condition, which may be imposed by this Court.
Per contra, the application is vehemently opposed by the
counsel for the State. It is submitted that the applicant has criminal
history.
THE HIGH COURT OF MADHYA PRADESH
MCRC No.11732/2022
(DILEEP @ DILLI VALMIK VS. STATE OF M.P.)
It is submitted that so far as the offence under Section 302 of
IPC is concerned, he has already been acquitted and he is in
possession of the certified copy of the judgment dated 12/01/2015
passed by 4th ASJ, Gwalior in S.T.No.577/2014.
The certified copy of the said judgment was provided to the
Court and it has been taken on record. From the judgment, it is clear
that all the witnesses have turned hostile including the wife of the
deceased. Thus, it is clear that the applicant must be having his terror
in the society, accordingly, the wife of the deceased also could not
depose against the applicant.
Be that whatever it may be.
The crux of the matter is that in present case, the applicant was
found in possession of one live cartridge and one country made
pistol. Considering the period of detention as well as criminal
antecedents, he cannot be granted bail except on stringent condition
of furnishing cash surety. It is directed that the applicant shall be
released on bail on furnishing cash surety of Rs.3,00,000/- (Rupees
Three Lacs) 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.
It is made clear that single default in appearance before the
THE HIGH COURT OF MADHYA PRADESH
MCRC No.11732/2022
(DILEEP @ DILLI VALMIK VS. STATE OF M.P.)
Trial Court, or in case of registration of new offence, this bail order
shall automatically come to an end and the cash surety so furnished
by the applicant shall automatically stand forfeited without any
reference to the Court.
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: 2022.03.14
16:56:20 -07'00'
