Nandini vs The State Of Madhya Pradesh
2022 Latest Caselaw 7067 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 10th OF MAY, 2022

       MISCELLANEOUS CRIMINAL CASE No. 23099 of 2022

        Between:-
1.      NANDINI W/O DEEPAK KUMAR, AGED ABOUT
        23 YEARS, R/O DANCHA BHAWAN AAGAR ROAD
        UJJAIN, DISTRICT UJJAIN (MADHYA PRADESH)

2.      RINKI W/O SHRI SUMIT, AGED ABOUT 21
        YE A R S , DANCHA BHAWAN AAGAR ROAD
        UJJAIN, DISTRICT UJJAIN (MADHYA PRADESH)

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

        AND

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

                                                             .....RESPONDENT
        (BY SHRI A.K.NIRANKARI - ADVOCATE )

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

Case diary is available.

This third repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. Second bail application of the applicant was dismissed by order dated 03/02/2022 passed in MCRC No.5687/2022.

The applicants have been arrested on 23/11/2021 in connection with Crime No.71/2021 registered at Police Station Bilaua, District Gwalior for offence under Section 420 of IPC.

First bail application was dismissed by order dated 06/01/2022 passed in MCRC No.64072/2021 with liberty to revive the prayer after undergoing some reasonable period of detention. Second bail application was dismissed by order dated 03/02/2022 passed in MCRC No.5687/2022 after observing that pretrial detention of two and half months cannot be said to be a reasonable period. According to the prosecution case, the applicants projected their incorrect names and after the marriage, they ran away alongwith gold jewellery. Although, the jewellery has been seized from the possession of the applicants, but they are in jail for the last approximately six months. The Trial is likely to take sufficiently long time and there is no possibility of their 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 fairly conceded that the case diary does not contain any criminal antecedents of the applicants.

Considering the period of detention and without commenting on the merits of the case, the application is allowed. It is directed that the applicants be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) each with one surety each 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: 2022.05.10 14:32:10 -07'00'