Sanju Sen vs The State Of Madhya Pradesh
2022 Latest Caselaw 7070 MP

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            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. 23396 of 2022

       Between:-
       SANJU SEN S/O SHRI CHANDU
       ALIAS CHANDRAPRAKASH SEN,
       AGE - 25 YEARS, OCCUPATION -
       LABOUR, R/O OPHO KI BAGIYA,
       NAKA CHANDRAVADNI, DISTRICT
       GWALIOR (MADHYA PRADESH)
                                                                ........APPLICANT

       (BY SHRI PRASOON KUMAR MAHESHWARI - ADVOCATE)

       AND

       THE STATE OF MADHYA PRADESH
       THROUGH     POLICE   STATION
       JHANSI     ROAD     DISTRICT
       GWALIOR (MADHYA PRADESH)

                                                            ........RESPONDENTS

        (BY MS. KALPANA PARMAR - ADVOCATE)
----------------------------------------------------------------------------------------

       This application coming on for hearing this day, the Court passed

the following:

                                       ORDER

Case diary is available.

This first application under Section 439 of Cr.P.C. has been filed

for grant of bail.

The applicant has been arrested on 13.03.2022 in connection with

Crime No.532/2021 registered at Police Station Jhansi Road District

Gwalior for offence under Sections 327, 294, 324 of IPC.

It is submitted by the counsel for the applicant that according to

the prosecution case, the applicant demanded Rs.200/- from the

complainant. When she refused to do so, then she was abused filthily and

was also thrown on the ground by pushing her. Sister and brother of the

complainant intervened in the matter. It is alleged that the applicant also

chased her with a knife. It is submitted that the applicant has been falsely

implicated. However, in the light of the criminal antecedents, according

to which, 17 more criminal cases have been registered against the

applicant, he is ready and willing to abide by any stringent condition

which may be imposed by the Court including that of furnishing cash

surety.

Per contra, the application is vehemently opposed by the counsel

for the State.

Considering the period of detention as well as the allegations made

against the applicant, coupled with the criminal antecedents, this Court is

of the considered opinion that the applicant can be granted bail only on

stringent condition of furnishing cash surety. Accordingly, without

commenting on the merits of the case, the application is allowed. It is

directed that the applicant shall be released on bail on furnishing cash

surety of Rs.1,00,000/- (Rupees One Lac) 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.

It is made clear that single default in appearance before the Trial

Court, or in case of registration of new offence, this bail order shall

automatically come to an end and the cash surety so furnished by the

applicant shall automatically stand forfeited without any reference to the

Court.

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.

CC as per rules.

(G.S. AHLUWALIA) JUDGE Abhi ABHISHEK CHATURVEDI 2022.05.10 15:07:31 +05'30'