Deepak vs The State Of Madhya Pradesh
2022 Latest Caselaw 7523 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 26th OF MAY, 2022

               MISC. CRIMINAL CASE No. 24728 of 2022

        Between:-
        DEEPAK S/O SHRI RAMESH DHAKAD, AGED 22
        YEAR S , OCCUPATION: AGRICULTURIST, R/O
        KISROLI KAILRARAS, THANA KAILARAS,
        DISTRICT MORENA (MADHYA PRADESH)

                                                               .....APPLICANT
        (BY SHRI BRAJESH TYAGI - ADVOCATE )

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        STATION HOUSE OFFICER, POLICE STATION
        KAILARAS, DISTRICT MORENA (MADHYA
        PRADESH)

                                                             .....RESPONDENT
        (BY MS. PADAMSHREE AGRAWAL - PANEL LAWYER )

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

Case diary is available.

This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed as withdrawn by order dated 11.4.2022 passed in M.Cr.C.No.17678/2022.

The applicant has been arrested on 10.3.2022 in connection with Crime No.594/2021 registered at Police Station Kailaras, District Vidisha for offence under Section 392 of IPC and under Section 11/13 of MPDVPK Act.

It is submitted by the counsel for the applicant that according to the

prosecution case, the motorcycle of the complainant was lootted by three unknown persons at the gun point. It is submitted that after the rejection of first bail application, the applicant was put for Test Identification Parade but he has not been identified by the complainant. The motorcycle has not been seized from the actual possession of the applicant but it has been seized from co- accused Dheeraj on the information given by the applicant. The police has also implicated the applicant falsely in two more other offences of similar in nature. However, the previous bail application was withdrawn with liberty to revive the prayer after the charge sheet is filed but the investigation is still pending. It is submitted that although the charge sheet has not been filed but in view of the

Test Identification Parade conducted by the police, it is clear that the applicant has been falsely implicated. 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.

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 Only) 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.

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 (alok)

ALOK KUMAR 2022.05.26 15:53:44 +05'30'