Kailash Joshi vs The State Of Madhya Pradesh
2022 Latest Caselaw 6969 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 9th OF MAY, 2022

        MISCELLANEOUSCRIMINAL CASE No. 23097 of 2022

        Between:-
        KAILASH JOSHI S/O SHRI ARVIND JOSHI, AGED
        ABOUT 31 YEARS, R/O GRAM RORA FORT,
        POLICE STATION NAYA GAON, DISTRICT
        BHIND (MADHYA PRADESH)

                                                                  .....APPLICANT
        (BY SMT. UMA KUSHWAH - ADVOCATE )

        AND

        STATE OF MADHYA PRADESH THROUGH
        POLICE STATION DABRA, DISTRICT GWALIOR
        (MADHYA PRADESH)

                                                                .....RESPONDENT
        (BY SHRI C.P.SINGH - PANEL LAWYER)

      This application coming on for hearing this day, the court passed the
following:
                                     ORDER

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 First bail application of the applicant was dismissed as withdrawn by order dated 28/01/2022 passed in MCRC No.4725/2022.

The applicant has been arrested on 29/11/2021 in connection with Crime No.856/2021 registered at Police Station Dabra, District Gwalior for offence under Section 34(2) of M.P. Excise Act.

According to the prosecution case, the applicant had purchased the vehicle by executing an agreement. He is in jail for the last five and half months.

This Court by order dated 27/04/2022 passed in MCRC No.21110/2022 has granted bail to co-accused Lokendra Singh. 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. After going through the police case diary, it is submitted that the applicant has no criminal history.

Considering the period of detention 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) 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 Pj'S/-

Digitally signed by PRINCEE BARAIYA Date: 2022.05.09 17:11:03 -07'00'