Gopal Pandey vs The State Of Madhya Pradesh
2023 Latest Caselaw 22541 MP

Madhya Pradesh High Court

Gopal Pandey 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)
                                  MISCELLANEOUS CRIMINAL CASE No. 56780 of 2023

                          BETWEEN:-
                          GOPAL PANDEY S/O SHRI SURESH @ KALLU PANDEY,
                          AGE 42 YEARS, R/O VILLAGE JAMUHA, POLICE
                          STATION  LAHAR, DISTRICT BHIND      (MADHYA
                          PRADESH)

                                                                                          .....APPLICANT
                          (BY SHRI YOGESH KUMAR PARASHAR-ADVOCATE)

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

                                                                                        .....RESPONDENT
                          (BY SHRI ALOK KUMAR SHARMA-PANEL LAWYER)

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

Case diary is available.

2. This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

3. The applicant has been arrested on 29.10.2023 in connection with C rime No.272/2023 registered at Police Station Lahar, District Bhind for offence under Section 188 of IPC and Section 14 of M.P. Rajya Suraksha Adhiniyam 1990.

4. It is submitted by the counsel for the applicant that in compliance of order passed by District Magistrate Bhind, applicant did not not appear before the concerned Police Station, therefore, he has been arrested. He is in jail for the last two months.The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

5. Per contra, the application is vehemently opposed by the counsel for the State. It is submitted by counsel for the State that the only allegation against the applicant is that he failed to comply the order passed by District Magistrate, Bhind and did not appear before the SHO, Police Station Lahar, District Bhind.

6. Considering the nature of allegations and 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.

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

8. 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.

9. Certified copy as per rules.

(G.S. AHLUWALIA) V. JUDGE Aman