Dilip @ Pintu Kurcheniya vs The State Of Madhya Pradesh
2022 Latest Caselaw 6742 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.22037/2022 Dilip alias Pintu Kurchainiya Vs. State of M.P.

Gwalior, Dated:05/05/2022

Shri Pradeep Katare, Counsel for the applicant.

Shri C.P. Singh, 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 by

order dated 13/4/2022 passed in M.Cr.C. No.17766/2022.

The applicant has been arrested on 21/3/2022 in connection

with Crime No.28/2017 registered at Police Station Gohad

Chauraha, Distt. Bhind for offence under Sections 25 (1) (Ka), 27

of the Arms Act and Section 11, 13 of the MPDVPK, Act.

It is submitted by the counsel for the applicant that in the

impugned rejection order passed by the Court below it was

mentioned that the applicant was absconding and he has been

arrested in execution of the perpetual warrant of arrest, however,

he has obtained certified copies of the charge-sheet, from which it

is clear that the investigation was kept pending against the

applicant under Section 173 (8) of Cr.P.C. and charge sheet was not

filed under Section 299 of Cr.P.C. It is further submitted that no

perpertual warrant of arrest was ever issued against the applicant

and the only evidence against the applicant is the confessional

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.22037/2022 Dilip alias Pintu Kurchainiya Vs. State of M.P.

statement made by the co-accused, which is not admissible and no

substantial evidence has been collected against him. 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. However, after going through the charge-

sheet, it is fairly submitted that the investigation was kept pending

under Section 173 (8) of Cr.P.C., whereas the charge-sheet was

filed against the co-accused persons. It is also fairly conceded that

except the confessional statement of the co-accused, there is no

admissible evidence against 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

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 HIGH COURT OF MADHYA PRADESH M.Cr.C. No.22037/2022 Dilip alias Pintu Kurchainiya Vs. State of M.P.

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 Arun* ARUN KUMAR MISHRA 2022.05.06 10:40:53 +05'30'