Madhya Pradesh High Court
Rajesh 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. 52698 of 2023
BETWEEN:-
RAJESH S/O GABBAR SINGH, AGED 36 YEARS, R/O
GRAM KHARUWA RUNDH KA PURA, THANA GOHAD
DISTRICT BHIND (MADHYA PRADESH)
.....APPLICANT
(SHRI AVINASH KULSHRESTHA- ADVOCATE)
AND
STATE OF MADHYA PRADESH THROUGH POLICE
STATION MATA BASAIYA DISTRICT MORENA
(MADHYA PRADESH)
.....RESPONDENT
(SHRI AJAY KUMAR NIRANKARI- PUBLIC PROSECUTOR)
This application coming on for hearing this day, the court passed the
following:
ORDER
Case Diary is available.
2. This second application under Section 439 of CrPC has been filed for
grant of bail.
3. The applicant has been arrested on 27.10.2023 in connection with
Crime No.15/2016 registered at Police Station Matabasiya, District Morena for
offence under Section 394 and 11/13 of MPDVPK Act.
4. It is submitted by the counsel for the applicant that it is a case of bail
jump. The applicant was granted bail by order dated 30.05.2017. He did not
appear before the Trial Court on 23.05.2019 and he was declared absconding
on 05.08.2019 and ultimately, he could be arrested only on 27.10.2023. It is
submitted by the counsel for the applicant that the applicant had gone in search
of his livelihood, therefore, he could not appear before the trial Court for four
years. The Trial is likely to take sufficiently long time and there is no possibility
of his absconding or tampering with the prosecution case. Apart from deposit
of bail bond executed by the applicant on earlier occasion, he is also ready to
furnish cash surety of Rs.1,00,000/-.
5. Per contra, the application is vehemently opposed by the counsel for
the State. It is submitted that applicant has a criminal history of eight criminal
cases and one more offence was committed after the applicant stopped
appearing before the trial Court.
6. Heard the learned counsel for the parties.
7. Considering the period of detention as well as undertaking given by the
applicant that apart from depositing amount of bail bond executed by the
applicant on earlier occasion, he is also ready to furnish a cash surety of
Rs.1,00,000/-, the application is allowed. It is directed that subject to deposit
of bail bond executed by applicant on earlier occasion, the applicant shall
be released on bail on furnishing cash surety of Rs.1,00,000/- (Rupees One
Lac) to the satisfaction of the Trial Court/Committal Court to appear before the
Court on the dates given by the concerned Court.
8. 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 appellant shall automatically
stand forfeited without any reference to the Court.
9. This order shall remain effective till the end of trial but in case of bail
jump, it shall become ineffective.
10. 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.
11. CC as per rules.
(G.S. AHLUWALIA)
V. JUDGE
Avi
