Monu @ Mandeep Rajak vs The State Of Madhya Pradesh
2022 Latest Caselaw 6971 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

           MISCELLENOUS CRIMINAL CASE No. 23428 of 2022

           Between:-
           MONU @ MANDEEP RAJAK S/O LATE SURESH
           RAJAK, AGED ABOUT 30 YEARS, OCCUPATION:
           MAZDOORI R/O MURAR NADI PAAR TAAL
           THATIPUR GWALIOR (MADHYA PRADESH)

                                                                      .....APPLICANT
           (BY SHRI J.S.KUSHWAH-ADVOCATE )

           AND

           STATE OF MADHYA PRADESH INCHARGE
           POLICE STATION GRP (B.G.) DISTRICT
           GWALIOR (MADHYA PRADESH)

                                                                   .....RESPONDENT
           (BY SHRI SUSHANT TIWARI -PANEL LAWYER )

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

Case diary is not available. It is submitted that while rejecting the previous

bail application, this Court had mentioned the facts in detail, therefore, this application may be considered in the light of the facts mentioned in previous order.

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 by order dated 16/03/2022 passed in MCRC No.13126/2022.

The applicant has been arrested on 31/01/2022 in connection with Crime No.101/2020 registered at Police Station G.R.P. B.G., District Gwalior for

offence under Sections 392, 412 of IPC r/w Section 11/13 of the MPDVPK Act.

According to the prosecution case, the applicant had snatched an Apple Pro 11 mobile worth Rs.99,999/- in a running train. Although, it is alleged that the applicant had sold the said mobile for a megar consideration amount of Rs.12,000/-, but it is submitted that he is in jail from 13/01/2022 i.e. approximately 3 and half months. It is true that the applicant has a criminal history and 9 more criminal cases have been registered against him but none of the case was registered for heinous offence. The applicant is ready and willing to abide by any stringent condition, which may be imposed by this Court. 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. It is submitted that the applicant has a criminal history and as many as 9 criminal cases have been registered against him.

Considering the nature of allegations as well as 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.

It is further directed that the applicant shall appear before the S.H.O. Police Station GRP B.G., District Gwalior on 1st of every month during the pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.

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 15:43:27 -07'00'