Kalla Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 6666 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 21850/2022
            (KALLA YADAV Vs STATE OF MADHYA PRADESH)



Gwalior, Dated : 04/05/2022

       Shri Ankur Dixit, Counsel for applicant.

       Shri C.P. Singh, Counsel for State.

       Case diary is available.

       This is third application filed under Section 439 of Cr.P.C. for

grant of bail. The second application was dismissed due to non-

compliance of peremptory order dated 05.04.2022.

       The applicant has been arrested on 16.03.2021 in connection

with Crime No.104/2019 registered by Police Station - Dinara,

District Shivpuri, for offence punishable under Sections 394, 397, 307

of IPC and Section 25/27 of Arms Act and Section 11/13 of MPDVPK

Act.

       It is submitted by Counsel for applicant that according to the

prosecution case, three unknown persons dashed the motor cycle of

complainant. After which, one fired at him causing injury on his

abdomen. An amount of Rs. 10,000/- was taken away by the accused

persons. It is submitted that the applicant was produced in execution

of production warrant on 16.03.2021. Although the charge-sheet was

filed on 24.08.2019 during his abscondance. It is submitted that

applicant was not identified in the Test Identification Parade. The

complainant has turned hostile on the question of identity. The

applicant is in jail since 16.03.2021. The co-accused person-Balli @

Surendra Singh was granted bail by the coordinate Bench of this Court
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                                        THE HIGH COURT OF MADHYA PRADESH
                                                    MCRC No. 21850/2022
                                          (KALLA YADAV Vs STATE OF MADHYA PRADESH)



                              by order dated 22.10.2019 passed in M.Cr.C. No.42452/2019. The

                              trial is likely to take sufficiently long time and there is no possibility

                              of his absconding or tampering with prosecution case.

                                    Per contra, the application is opposed by the counsel for the

                              respondent/State.

Heard the learned counsel for the parties.

Considering the fact that applicant was not identified in Test

Identification Parade and complainant has turned hostile on the

question of identity, and 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 Only) 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 the 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 & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge Aman

AMAN TIWARI 2022.05.04 17:46:15 +05'30'