Madhya Pradesh High Court
Rampreet Gurjar 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. 47942 of 2023
BETWEEN:-
RAMPREET GURJAR S/O LATE SHRI DEVENDRA SINGH
GURJAR, AGED 19 YEARS, OCCUPATION:
AGRICULTURIST R/O GRAM BARHABALI, TEHSIL AND
DISTRICT MORENA (MADHYA PRADESH)
.....APPLICANT
(SHRI VINOD KUMAR SHARMA- ADVOCATE)
AND
STATE OF MADHYA PRADESH THROUGH POLICE
STATION NOORABAD DISTRICT MORENA (MADHYA
PRADESH)
.....RESPONDENT
(SHRI ALOK KUMAR SHARMA - PANEL LAWYER)
This application coming on for hearing 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. Applicant has been arrested on 07.09.2023 in connection with Crime
No.234/2023 registered by Police Station Noorabad, District Morena for
offence punishable under Sections 384, 34, added Section 392 of IPC and
Section 25/27 of Arms Act and Section 11/13 of MPDVPK Act.
4 . It is submitted by counsel for the applicant that according to the
prosecution case, two persons had robbed the complainant thereby snatching
Rs.28,000/- and a gold chain. The applicant was wrongly identified by the
complainant in the Test Identification Parade. So far as the recovery of
Rs.15,000/- is concerned, it is submitted that in absence of any specific mark, it
cannot be said that it was a looted property. The applicant is in jail for more
than three and a half months. 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 applicant has a criminal history and one more
offence has been registered against him.
6. Considering the period of detention, coupled with the fact that he was
not identified in the Test Identification Parade, but without commenting anything
on the merits of the case, the bail 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. 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
Avi
