Vivek @ Golu vs The State Of Madhya Pradesh
2022 Latest Caselaw 6598 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.21828/2022 (VIVEK @ GOLU VS. STATE OF M.P.)

Gwalior, Dated : 02/05/2022

Shri Akhlesh Gupta, learned counsel for the applicant.

Shri C.P.Singh, learned counsel for the State.

Case diary is available.

This second repeat application under Section 439 of Cr.P.C.

has been filed for grant of bail. First bail application of the applicant

was dismissed as withdrawn by order dated 11/03/2022 passed in

MCRC No.9530/2022.

The applicant has been arrested on 17/01/2022 in connection

with Crime No.87/2021 registered by Police Station Gohad, District

Bhind, for offence punishable under Sections 392, 34 of IPC and

Section 11/13 of MPDVPK Act.

It is submitted by the counsel for the applicant that according

to the prosecution case, on 21/03/2021 at about 12:30 in the

afternoon, the complainant was waylaid by four persons and he was

beaten and an amount of Rs.85,000/- was snatched from him. The

applicant is specifically named in the FIR. However, it is submitted

that the applicant is in jail from 17/01/2022, i.e., approximately four

months and 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 co-accused Rahul Singh Rana has

already been granted bail by this Court by order dated 22/04/2022

THE HIGH COURT OF MADHYA PRADESH MCRC No.21828/2022 (VIVEK @ GOLU VS. STATE OF M.P.)

passed in MCRC No.19829/2022.

Per contra, the application is vehemently opposed by the

counsel for the State. It is fairly conceded by the counsel for the State

that the applicant has a criminal history and one offence under

Sections 323, 294 and 506-II of IPC has been registered.

Considering the facts and circumstances of the case as well as

period of detention, 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 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: 2022.05.02
         18:07:22 -07'00'