Madhya Pradesh High Court
Sachin Chauhan @ Manu Chauhan vs The State Of Madhya Pradesh on 26 December, 2023
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA
PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 26 th OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 57170 of 2023
BETWEEN:-
SACHIN CHAUHAN @ MANU CHAUHAN S/O SHRI
SANTU LAL CHAUHAN, AGED ABOUT 26 YEARS,
OCCUPATION: LABOUR R/O H.NO.10/ 85 WARD NO
05 GANESH CHOWK MANDIDEEP DISTRICT
RAISEN (MADHYA PRADESH)
.....APPLICANT
(BY SHRI MANOJ KUSHWAHA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION MANGALWARA, PIPARIYA
DISTRICT NARMADAPURAM (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AMIT PANDEY - GOVERNMENT ADVOCATE)
This application coming on for hearing this day, the court passed
the following:
ORDER
Case diary is not available.
2. This first application under Section 439 of Cr.P.C. has been filed
for grant of bail.
3. Applicant has been arrested on 11.08.2023 in connection with
C rime No.332/2023 registered at Police Station Mangalwara Pipariya,
District Narmadapuram for offence under Sections 379, 411, 34 of IPC.
4. It is submitted by counsel for applicant that a detailed order has
been passed by the Court below, therefore, the application may be
decided on the basis of same. It is further submitted that two co-accused
persons have been granted bail but applicant has been denied bail only on
the ground that he has criminal history of 16 more cases of similar in
nature. The allegations are that 150 litres of diesel has been stolen from the
vehicles. FIR has been lodged after one month of the incident. The
applicant is ready and willing to abide by any stringent condition which
may be imposed by the Court. Trial is likely to take sufficiently long time.
Applicant is in jail since 11.08.2023 and he has only remained in jail for
more than 4 months.
5. Per contra, the application is vehemently opposed by counsel for
the State. It is submitted that since case diary is not available, therefore, he
may be permitted to argue on the basis of rejection order only. It is further
submitted that it is clear from rejection order that 16 more cases of similar
in nature have been registered against the applicant. However, in absence
of case diary, counsel for State is not in a position to inform this Court
about the status of those criminal cases.
6. Heard learned counsel for parties.
7 . The allegations against applicant and two more co-accused
persons is that they have stolen 150 litres of diesel worth Rs.15,000/- from
the vehicles. It is true that applicant is having criminal history and 16 more
offences of similar in nature have been registered against him but
considering the period of detention as well as undertaking given by
applicant that he may be granted bail on any stringent condition, the
application is allowed.
8. It is directed that 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.
9. It is directed that applicant shall appear before the S.H.O. Police
Station Mangalwara Pipariya, District Narmadapuram on 1 s t or
15 th of every month till conclusion of trial. In case of any default,
concerning police station shall immediately inform the CJM/Trial Court
and this order shall automatically stand cancelled without any further order
in this regard.
10. In the light of the judgment passed by the Supreme Court in the
case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in
Criminal Appeal No.329/2021, the intimation regarding grant of bail be
sent to the complainant.
11. Certified copy as per rules.
(G.S. AHLUWALIA)
V. JUDGE
vc
