Dheeraj Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 13624 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                        ON THE 14th OF OCTOBER, 2022

       MISCELLANEOUS CRIMINAL CASE No. 48997 of 2022

        BETWEEN:-
        DHEERAJ YADAV S/O SHRI BANWARI YADAV,
        AGED    24 YEARS,  RESIDENT OF GRAM
        SIMTHARA, THANA BHANDER, DISTRICT
        DATIA (MADHYA PRADESH)

                                                                 .....APPLICANT
        (BY SHRI B.K.SHARMA-ADVOCATE)

        AND
        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION LAHAR, DISTRICT BHIND
        (MADHYA PRADESH)

                                                               .....RESPONDENT
        (BY SHRI C.P. SINGH-PANEL LAWYER)

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

Case diary is available.

This third application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed by order dated 16.08.2022 passed in M.Cr.C. No.38719/2022.

The applicant has been arrested on 19/05/2022 in connection with Crime No.376/2021 registered at Police Station Lahar District Bhind for offence under Sections 420 of IPC and Section 66 of I.T. Act.

It is submitted by counsel for applicant that the previous bail applications of applicant have been dismissed on merits by orders dated 01.07.2022 and

16.08.2022 passed in M.Cr.C. No.31896/2022 and M.Cr.C. Nos.38719/2022 respectively but the case of present applicant is identical to that of co-accused Rakesh Pal who was granted bail by order dated 07.02.2022 passed in M.Cr.C. No.6028/2022. It is submitted that co-accused Rakesh Pal was granted bail on furnishing cash surety of Rs.3,00,000/- after remaining in jail custody for a period of 4 months and 24 days. It is true that applicant was absconding and the charge-sheet was filed in his absence but the applicant is in jail from 19.05.2022 and has also completed the similar period of detention which was undergone by the co-accused Rakesh Pal. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with

prosecution case.

P er contra, the application is vehemently opposed by the counsel for the State. It is submitted that applicant was absconding and could be arrested only on 19.05.2022.

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 shall be released on bail on furnishing cash surety of Rs.3,00,000/- (Rupees Three Lacs) 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.

It is made clear that single default in appearance before the Trial Court, or in case of registration of new offence, this bail order shall automatically come to an end and the cash surety so furnished by the applicant shall automatically stand forfeited without any reference to the Court.

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.

CC as per rules.

(G.S. AHLUWALIA) JUDGE Aman AMAN TIWARI 2022.10.14 18:27:03 +05'30'