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Judgment
10 paragraphs · 431 wordsG.S. Ahluwalia, J
Case Diary is available.
This first application under Section 439 of CrPC has been filed for grant of bail.
The applicant has been arrested on 05.07.2021 in connection with Crime No.451/2020 registered at Police Station Mehgaon Distt. Bhind for offence under Sections 392, 394, 201 of IPC and Section 11, 13 of MPDVPK Act.
It is submitted by the counsel for the applicant that according to the prosecution case, three unknown persons tried to snatch a mangalsutra, one gold chain and one gold necklace from the wife of the complainant, as a result, his wife fell down from the motorcycle and the chain as well as mangalsutra were broken in pieces, whereas the miscreants succeeded in taking away the necklace. It is submitted that although the applicant has been identified in the Test Identification Parade and a piece of chain and necklace have been seized from his possession, but he is in jail for the last more than 5 ½ months. He has no criminal history. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed. It is submitted that it is true that the case diary does not contain the criminal antecedents of the applicant, but the bail application of the co-accused Gopal and Anand have already been rejected on 10.11.2021 and 15.11.2021. However, it is fairly conceded that a liberty was also granted to the co-accused to revive the prayer after undergoing some reasonable period of detention.
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) 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.
It is further directed that the applicant shall appear before the S.H.O. Police Station Mehgaon District Bhind on 1st of every month during the pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.
In the light of the judgment passed by the Supreme Court in the case of 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.
Certified copy as per rules.