Arjun Baghel vs The State Of Madhya Pradesh
2022 Latest Caselaw 7487 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 23rd OF MAY, 2022

                MISC. CRIMINAL CASE No. 18352 of 2022

         Between:-
         ARJUN BAGHEL S/O SHRI RAMPRASAD
         BAGHEL, AGE 25 YEARS, R/O VILLAGE KIROL,
         POLICE   STATION    GIJORRA,    DISTRICT
         GWALIOR (MADHYA PRADESH)

                                                              .....APPLICANT
         (BY SHRI HEMANT SINGH RANA - ADVOCATE )

         AND

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

                                                           .....RESPONDENT
         (BY MS. PADAMSHRI AGRAWAL - ADVOCATE)

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

Case diary is available.

This first under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 21.03.2021 in connection with Crime No.15/2021 registered at Police Station Gijorra District Gwalior for offence under Sections 392, 506 of IPC and Sections 11, 13 of MPDVPK Act.

According to the prosecution case, a robbery was committed and

during the course of robbery, injured Preeti was beaten, as a result, she fell down in a well and her gold and silver ornaments were taken away away. It is submitted by the counsel for the applicant that nothing incriminating has been seized from the possession of the applicant except one silver anklet, which has been duly identified. However, the applicant was not identified by the injured Preeti in the Test Identification Parade. 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 although the accused persons were not

identified in the Test Identification Parade, but in the FIR itself, it was specifically mentioned that the miscreants had covered their faces. It is submitted that the applicant has a criminal history and 8 more criminal cases have been registered against him.

Considering the period of detention, but 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 Gijorra 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 o f 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) V. JUDGE Abhi ABHISHEK CHATURVEDI 2022.05.24 18:26:37 +05'30'