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Judgment
23 paragraphs · 402 wordsG.S. Ahluwalia, J
This is third application filed under Section 439 of Cr.P.C. for grant of bail. The second application was dismissed by order dated 15.11.2021 passed in
M.Cr.C. No.55474/2021 as withdrawn.
The applicant has been arrested on 05.07.2021 in connection with Crime No.451/2020 registered by Police Station Mehgaon, District Bhind for
offence punishable under Sections 392, 201, 394, 34 of IPC and Section 11/13 of MPDVPK Act.
It is submitted by the Counsel for the applicant that second bail application of applicant was dismissed as withdrawn by order dated 15.11.2021 on the
ground that bail application of co-accused Gopal Singh has recently been dismissed. However, by order dated 05.01.2022 passed in M.Cr.C.
No.63875/2021, this Court has granted bail to co-accused Gopal Singh and the case of applicant is identical to that of co-accused Gopal Singh. The
applicant is in jail from 05.07.2021 and trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with
prosecution case.
Per contra, the application is vehemently opposed by the Counsel for the respondent/State. It is submitted that applicant has snatched a gold chain
from the neck of the wife of complainant and he has been duly identified in Test Identification Parade and apart from that a piece of gold chain has
also been recovered from the applicant. It is further submitted that applicant has a criminal history and one more offence has been registered against
him.
Heard the learned counsel for the parties.
In view of the fact that co-accused Gopal Singh has been granted bail by order dated 05.01.2022 and considering the period of detention 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 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.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal
Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rule.