Subey @ Subi @ Dubey vs The State Of Madhya Pradesh
2023 Latest Caselaw 22687 MP

Madhya Pradesh High Court

Subey @ Subi @ Dubey vs The State Of Madhya Pradesh on 28 December, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                                    1
                            IN        THE         HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                                    ON THE 28 th OF DECEMBER, 2023
                                                MISC. CRIMINAL CASE No. 56644 of 2023

                           BETWEEN:-
                           SUBEY @ SUBI @ DUBEY S/O GYANCHAND, AGED 35
                           YEAR S, OCCUPATION: LABOUR GRAM HUKUMA KA
                           DERA KUMBHRAJ DISTRICT GUNA (MADHYA
                           PRADESH)

                                                                                                   .....APPLICANT
                           (BY SHRI VIKAS DHIMAN - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION NARSINGHGARH, DISTRICT RAJGARH
                           (MADHYA PRADESH)

                                                                                                .....RESPONDENT
                           ( BY SHRI MUKESH PARWAL - GOVERNMENT ADVOCATE)

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

Case diary is available.

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

3. The applicant has been arrested on 5.10.2023 in connection with Crime No. 518/2023 registered at Police Station Narsinghgadh District Rajgadh for offence under Section 457, 380 of IPC.

4. It is submitted by learned counsel for the applicant that the allegations are that a theft was committed in a dwelling house. According to the

prosecution, one gold top, one pair of anklet, four silver bangles are alleged to have been seized from possession of applicant. It is submitted that applicant is in jail for last two months. Trial is likely to take sufficiently long time and there is no possibility of his tampering or absconding with the prosecution case.

5 Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant is a habitual offender and nine more offences of similar nature have been registered against him. However, it is fairly conceded that all those offences were registered in the year 2023 itself. It is further submitted that articles seized from possession of applicant were duly identified.

6. Heard the learned counsel for the parties.

7. Considering the allegations made against the applicant, period of detention and recovery of articles from the applicant, this Court is of the considered opinion that he can be granted bail on a stringent condition.

8. Accordingly, it is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh 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 also directed that applicant shall appear before the S.H.O. Police

Station Narsinghgadh, District Rajgadh on 1 s t of every month. Any default in appearance may invite cancellation of this order.

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

11. 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.

12. The application succeeds and is allowed.

(G.S. AHLUWALIA) V. JUDGE BDJ