Allu @ Kashiprasad vs The State Of Madhya Pradesh
2023 Latest Caselaw 8962 MP

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                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT GWALIOR
                                                                 BEFORE
                                HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                                                    ON THE 16th OF JUNE, 2023
                                MISCELLANEOUS CRIMINAL CASE NO. 14472 OF 2023

                          BETWEEN:-

                          ALLU @ KASHIPRASAD S/O SHRI HANNI
                          AHIRWAR, AGE 37 YEARS, OCCUPATION
                          LABOUR, R/O VILLAGE SITORA, POLICE
                          STATION SAKRAR, DISTRICT JHANSI (UTTAR
                          PRADESH)
                                                                                              ........APPLICANT

                          (BY SHRI RAJEEV BUDHOLIYA - ADVOCATE)

                          AND

                          THE STATE OF MADHYA PRADESH THROUGH
                          POLICE STATION KOTWALI DATIA DISTRICT
                          DATIA (MADHYA PRADESH)

                                                                                           ........RESPONDENT

                          (BY SHRI APS TOMAR - PUBLIC PROSECUTOR)

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

Case diary is available.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 16.02.2023 in

Signature Not Verified Signed by: ABHISHEK CHATURVEDI Signing time: 16-Jun-23 6:39:43 PM

connection with Crime No.384/2003 registered at Police Station Kotwali District Datia (M.P.) for commission of offence punishable under Section 11/13 of MPDVPK Act and Section 25/27 of Arms Act.

Prosecution case, in brief, is that on 22.10.2013 at about 21:00 - 22:00 hours, when the complainant Rambhawan Morya along with Gulabchand Agrawal were going on his scooter, applicant along with other co-accused persons intercepted them and snatched a bag containing gold jewelry along with cash amount of Rs.35,000/- and when the complainant objected, they assaulted him with country made pistol, due to which, complainant sustained injury on his right leg.

Learned counsel for the applicant submits that initially trial was started against the applicant and other co-accused persons and applicant was enlarged on bail, but during trial, he did not appear before the Trial Court, therefore, trial was concluded against other co-accused persons wherein they were acquitted from the charges alleged against them vide judgment dated 09.02.2015 passed by the Court of Special Judge (MPDVPK Act), Datia in Special Case No.6/2004. The applicant was thereafter arrested and is in custody since 16.02.2023 and almost all the prosecution witnesses except police officials have been examined. All the evidence produced against the applicant are almost similar to that of evidence produced against the co-accused persons who were acquitted from the charges levelled against them. Trial will take time to conclude. On these grounds, the applicant may be enlarged on bail.

Learned counsel for the respondent/State has opposed the prayer and submits that the applicant was absconded for about more than 12 years, due to which, trial against him was unnecessary held up. The allegations alleged against him are of serious in nature, therefore, he

Signature Not Verified Signed by: ABHISHEK CHATURVEDI Signing time: 16-Jun-23 6:39:43 PM

should not be enlarged on bail.

Heard the learned counsel for both the parties. Having considered the rival submissions, material pointed out by the learned counsel for the applicant and also considering the period of custody and over all facts and circumstances of the case, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

This application is allowed and stands disposed of. Certified copy as per Rules.

(SATYENDRA KUMAR SINGH) JUDGE Abhi

Signature Not Verified Signed by: ABHISHEK CHATURVEDI Signing time: 16-Jun-23 6:39:43 PM