Jitendra @ Jeetu vs The State Of Madhya Pradesh
2022 Latest Caselaw 6912 MP

THE HIGH COURT OF MADHYA PRADESH MCRC-22695-2022 Jitendra @ Jeetu Vs. State of MP

Gwalior, Dated : 07/05/2022

Shri Anoop Shivhare, Counsel for the applicant.

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

Case Diary is available.

This third application under Section 439 of CrPC has been filed

for grant of bail.

The applicant has been arrested on 15.10.2021 in connection

with Crime No.533/2021 registered by Police Station Jhansi Road

Distt. Gwalior for offence under Section 34(2) of MP Excise Act.

It is submitted by the counsel for the applicant that although

first application of the applicant has already been dismissed on merits

by a detailed order dated 01.02.2022 passed in M.Cr.C. No.

64552/2021, but the applicant is in jail for the last seven months, i.e.,

from 15.10.2021. 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, it is fairly conceded that the applicant

has no criminal history.

Considering the facts and circumstances of the case as well as

considering the period of detention, but without commenting on the

merits of the case, the application is allowed. It is directed that the

THE HIGH COURT OF MADHYA PRADESH MCRC-22695-2022 Jitendra @ Jeetu Vs. State of MP

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) Judge Abhi

ABHISHEK CHATURVEDI 2022.05.07 18:55:38 +05'30'