Ajay vs The State Of Madhya Pradesh
2022 Latest Caselaw 4206 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.14798/2022
                 (AJAY VS. STATE OF M.P.)

Gwalior, Dated : 25/03/2022

       Shri Sanjay Gupta, learned counsel for the applicant.

       Shri P.P.S.Vajeeta, learned counsel for the State.

       Case diary is available.

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

filed for grant of bail.

       The applicant has been arrested on 31/08/2021 in connection

with Crime No.177/2021 registered at Police Station Shadora,

District Ashoknagar for offence under Sections 393, 307 and 120 of

IPC and Section 25/27 of the Arms Act.

       It is submitted by the counsel for the applicant that according

to the prosecution case, the applicant and co-accused persons tried to

commit robbery with intention to snatch the bag from the

complainant, which was containing Rs.35,000-40,000/-. However,

they could not succeed. It is true that although, the applicant has been

identified in TIP but he is in jail for the last seven months. 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 this Court by order dated 16/03/2022 passed in MCRC

No.13269/2022 has granted bail to co-accused Abhiraj although the

allegations are different. The allegations against the co-accused was

that of hiring the services of the applicant and other co-accused
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         THE HIGH COURT OF MADHYA PRADESH
                  MCRC No.14798/2022
                (AJAY VS. STATE OF M.P.)

persons but looking to the fact that the attempt to commit robbery

could not succeed and the applicant is in also jail for seven months,

his prayer for bail may be considered sympathetically and 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 as well as counsel for the complainant. After

going through the police Case diary, it is fairly conceded that there is

nothing on record to indicate the criminal antecedents of the

applicant.

      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

two local sureties 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.14798/2022 (AJAY VS. STATE OF M.P.)

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: 2022.03.25
         18:22:06 -07'00'