Rambhajan Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 4012 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-14094-2022 Rambhajan Singh Vs. State of MP

Gwalior, Dated: 23.03.2022

Shri R.K. Tripathi, Counsel for the applicant.

Shri A.K. Nirankari, Counsel for the State.

Case diary is available.

This second application under Section 439 of Cr.P.C. has been

filed for grant of bail. First application was dismissed as withdrawn

by order dated 08.03.2022 passed in M.Cr.C. No.11725/2022.

The applicant has been arrested on 12.02.2022 in connection

with Crime No.103/2014 registered at Police Station Ghatigaon Distt.

Gwalior for offence under Section 392 of IPC and Section 11/13 of

MPDVPK Act.

It is submitted by the counsel for the applicant that it is true

that the offence in question was registered in the year 2014 and the

applicant has been arrested recently on 12.02.2022. It is submitted

that according to the prosecution case, the complainant was forcibly

taken by three unknown persons inside the forest and asked him to

hand over the money. He was tied with a tree. His mobile of Lava

Comapny, one wrist watch of HMT Sonata, one ear ring of two

grams, total worth Rs.14,000/- was taken away. It is submitted that

although the applicant has been arrested after 8 long years, but the

police has not conducted the Test Identification Parade. Only an

amount of Rs.1200/- has been seized from the possession of the

THE HIGH COURT OF MADHYA PRADESH MCRC-14094-2022 Rambhajan Singh Vs. State of MP

applicant which cannot be said to an incriminating article. The police

has filed supplementary charge-sheet against the applicant. 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 submitted that not only, the applicant was

absconding for 8 long years, but he has a criminal history and one

offence under Section 379 of IPC was committed in the year 2018

and another offence under Sections 323, 363, 376-D, 506 of IPC has

been committed in the year 2020. It is submitted that when a notice

was given to the complainant to participate in the Test Identification

Parade, then he refused to accept the said notice and, therefore, the

Test Identification Parade could not take place.

Considering the fact that the complainant has refused to

participate in the Test Identification Parade, coupled with the fact that

a seizure of Rs.1200/- cannot be said to be an incriminating article to

connect the applicant with the offence in question, but since the

applicant was absconding for the last 8 long years, therefore, the

application can be allowed only on the stringent condition.

Accordingly, 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/-

THE HIGH COURT OF MADHYA PRADESH MCRC-14094-2022 Rambhajan Singh Vs. State of MP

(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 Ghatigaon Distt. Gwalior on 1st and 15th 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 2022.03.24 15:06:46 +05'30'