Anil Kanjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 7503 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. 25717 of 2022

         Between:-
         ANIL KANJAR S/O RAMVILAS KANJAR, AGE 21
         YEARS, R/O VILLAGE VIRYAI, THANA AND
         TAHSIL KUMBHRAJ, DISTRICT GUNA (MADHYA
         PRADESH)

                                                               .....APPLICANT
         (BY SHRI S.S. RAJPUT - ADVOCATE)

         AND

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

                                                            .....RESPONDENT
         (BY SHRI A.K. NIRANKARI - 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 08.02.2022 in connection with Crime No.16/2022 registered at Police Station - Dharnavada, District Guna for offence under Section 394 of IPC.

It is submitted by the counsel for the applicant that according to the prosecution case, the complainant was looted by the applicant and other co- accused persons. One gold chain and silver ring have been recovered from the

possession of the applicant. It is submitted that it is true that the seized articles as well as applicant has been identified, but he is in jail for the last three and half months. 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. It is submitted that gold chain and silver ring seized from the possession of the applicant were identified, apart from the fact that the applicant was also identified in the Test Identification Parade. It is further submitted that the applicant has a criminal history and two more criminal cases have been registered against him, out of which one was registered for offence under

Sections 147, 294, 336 of IPC and another was registered for offence under Sections 399, 400, 402 of IPC read with Section 25/27 of Arms Act.

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 - Dharnavada 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 19:16:25 +05'30'