Abhishek Sen vs The State Of Madhya Pradesh
2023 Latest Caselaw 22537 MP

Madhya Pradesh High Court

Abhishek Sen vs The State Of Madhya Pradesh on 27 December, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                                 1
                            IN      THE       HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                               ON THE 27 th OF DECEMBER, 2023
                                             (THROUGH VIDEO CONFERENCING)
                                            MISC. CRIMINAL CASE No. 57274 of 2023

                           BETWEEN:-
                           ABHISHEK SEN S/O SHRI KARAN SEN, AGED 19 YEARS,
                           OCCUPATION: STUDENT R/O LOHA MANDI NOORGANJ,
                           NEAR GURUDWARA DISTRICT GWALIOR (MADHYA
                           PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI PALLAV TRIPATHI- ADVOCATE)

                           AND
                           STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION PURANI CHHAWANI DISTRICT GWALIOR
                           (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           (BY SHRI AJAY KUMAR NIRANKARI - PUBLIC PROSECUTOR)

                                  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 07.12..2023 in connection with Crime No.541/2023 registered by Police Station Purani Chhawani, District Gwalior for offence punishable under Section 394 of IPC and Section 11/13 of MPDVPK Act.

4 . It is submitted by counsel for the applicant that according to the prosecution case, the applicant and co-accused had robbed the complainant and snatched Rs.3,800/-. Although the applicant has been identified in Test Identification Parade, but no incriminating article has been seized except a motorcycle of the applicant, which was alleged to be used in commission of offence. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.

5. Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant has criminal history and 3 more criminal cases have been registered against him.

6. Considering the period of detention as well as the criminal history of applicant, this Court is of the considered opinion that the applicant can be granted bail only on the stringent condition. Accordingly, the application is allowed. It is directed that the applicant shall be released on bail on furnishing 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 committal Court/trial Court to appear before the Court on the dates given by the concerned Court.

7. The applicant shall appear before S.H.O., Police Station Purani Chhawani District Gwalior on 1st and 15th of every month. Failure on the part of the applicant to comply this condition would amount to flouting of this order, which may result in recall/cancellation of this bail order.

8. This order shall remain effective till the end of trial but in case of bail jump, it shall become ineffective.

9. In the light of the judgment passed by the Supreme Court in the case o f 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.

10. Certified copy as per rules.

(G.S. AHLUWALIA) V. JUDGE Avi