Rana Rajak vs The State Of Madhya Pradesh
2022 Latest Caselaw 7502 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. 25685 of 2022

         Between:-
         RANA RAJAK S/O BRAJ MOHAN RAJAK, AGE -
         18 YEARS, OCCUPATION: AGRICULTURE R/O
         KUSMODA, NAGADA COLONY, DISTRICT GUNA
         (MADHYA PRADESH)

                                                                .....APPLICANT
         (BY SHRI D.S. RAJAWAT - ADVOCATE )

         AND

         STATE OF MADHYA PRADESH THROUGH
         POLICE STATION CANTT, DISTRICT GUNA
         (MADHYA PRADESH)

                                                             .....RESPONDENT
         (BY SMT. ANJALI GYANANI - ADVOCATE)

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

Case Diary is not available. It is submitted by the counsel for the

applicant that the Court below has passed a detailed impugned order and, therefore, the application may be considered on the basis of the facts mentioned in the impugned order itself.

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

The applicant has been arrested on 10.03.2022 in connection with Crime No.184/2022 registered by Police Station Cantt. District Guna for offence punishable under Sections 399, 400, 402 of IPC and Section 25/27 of Arms

Act.

It is submitted by the counsel for the applicant that according to the prosecution case, on 09.03.2022 the applicant along with other co-accused persons has been arrested on the allegations that they have assembled with an intention to make preparations for committing dacoity. Recovery of one .315 bore country made pistol has been falsely shown. It is true that the applicant has a criminal history and as per the impugned rejection order, three cases have been registered for offence under Sections 457, 380 of IPC and one offence under Sections 379, 511 of IPC. In view of the criminal antecedents, the applicant is ready and willing to abide by any stringent condition which may be

imposed by the Court. The Trial is likely to take sufficiently long time.

Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that in absence of case diary, she is not in a position to apprise this Court about the criminal antecedents of the applicant, but fairly conceded that in the rejection order, history of four criminal cases have been mentioned.

Considering the facts and circumstances of the case, 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 Cantt. District Guna 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 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 Abhi ABHISHEK CHATURVEDI 2022.05.23 15:17:31 +05'30'