Jitendra Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 7500 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. 25400 of 2022

         Between:-
         JITENDRA SINGH S/O BHARAT SINGH , AGED
         ABOUT 20 YEARS, VILL. BHADERA P.S. MOW
         TEHSIL GOHAD (MADHYA PRADESH)

                                                                   .....PETITIONER
         (BY SHRI P.K. SHRIVASTAVA - ADVOCATE)

         AND

         THE STATE OF MADHYA PRADESH INCHARGE
         POLICE STATION PS MOW (MADHYA PRADESH)

                                                                .....RESPONDENTS
         (BY SHRI RAJEEV UPADHYAY - 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 18.03.2022 in connection with Crime No.48/2022 registered at Police Station - Mow, Tehsil Gohad, District - Bhind for offence under Section 436/34 of IPC.

It is submitted by the counsel for the applicant that according to the prosecution case, three persons including the applicant went to a hotel at 4:00 AM and demanded for food. When it was replied by the hotel personnel that food is not available, then it is alleged that the applicant set the clothes on fire,

which were lying in the hotel and the other two co-accused persons caught hold the other employees who were trying to extinguish the fire. It is further alleged that because of burning of clothes, plastic cane which was filled with diesel also got burnt, as a result, a Tavera vehicle which was parked in the hotel, also got burnt and according to the damage Panchnama, a total loss of Rs.2,50,000/- has been caused. It is submitted that the applicant is in jail for the last more than two months. The applicant has no criminal history and in order to show his bonafides, he is ready to deposit some of the loss sustained by the complainant. 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 respondent/State. However, after going through the police case diary it is submitted that the applicant has no criminal history.

Considering the concessional statement made by the counsel for the applicant, it is directed that in case, if the applicant deposits an amount of Rs.1,50,000/- without any prejudice to his defence and furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court then he shall be released on bail and shall appear before the Court on the dates given by the concerned Court.

It is made clear that the complainant shall be permitted to withdraw the amount of Rs.1,50,000/- on furnishing his undertaking that in case if the applicant is acquitted, then he would immediately refund the said amount.

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)
                                                         V. JUDGE




Van

              VANDANA VERMA
              2022.05.23
              17:01:36 -07'00'