Afsar @ Gunda vs The State Of Madhya Pradesh
2022 Latest Caselaw 7439 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                   BEFORE
                 HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                            ON THE 19th OF MAY, 2022

                  MISC. CRIMINAL CASE No. 24563 of 2022

         Between:-
         AFSAR @ GUNDA S/O SHRI MUSLIM KHAN ,
         AGED ABOUT 25 YEARS, NICHROLI P S CIVIL
         LINE TEH AND DISTT DATIA (MADHYA
         PRADESH)

                                                             .....PETITIONER
         (BY SHRI AWDHESH PARASHAR - ADVOCATE )

         AND

         THE STATE OF MADHYA PRADESH INCHARGE
         POLICE STATION P S KOTWALI (MADHYA
         PRADESH)

                                                          .....RESPONDENTS
         (BY SHRI SHIRAZ QURESHI - PUBLIC PROSECUTOR)

       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 29/03/2022 in connection with Crime No.164/2022 registered at Police Station Kotwali, District Datia for offence under Sections 399, 400, 402 of IPC, Section 25/27 of the Arms Act and Sections 11 and 13 of the MPDVPK Act.

It is submitted by the counsel for the applicant that according to the prosecution case, the applicant had assembled alongwith other co-accused

persons for making preparation for committing dacoity. Although, it is alleged that the applicant was arrested on the spot and one country made pistol alongwith three live cartridges were seized, but he has been falsely implicated. In view of the criminal antecedents of the applicant, he 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. Under similar set of circumstances, co-accused Jeetu Kushwah has been enlarged on bail vide order dated 07.05.2022 passed in M.Cr.C. No.20679/2022. Hence, learned counsel apart from merits, seeks parity with co-accused and prays for grant of bail for

the present applicant.

Per contra, the application is vehemently opposed by the counsel for the State and prays for its rejection.

Considering the period of detention as well as nature of allegations and on the ground of parity 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 Kotwali, District Datia on 1st of every month during the pendency of the Trial. In case of bail jump or nonappearance 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.

(MILIND RAMESH PHADKE) V. JUDGE mani

SUBASRI MANI 2022.05.20 11:50:46

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