High CourtsSingle Bench

Gopal Singh vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 5 January 2022 · Citation: (2022) 01 MP CK 0018

HON’BLE JUDGES
G.S. Ahluwalia, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 392, 394 · Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 — Section 11, 13
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.63875 Of 2021
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Judgment

21 paragraphs · 394 words

G.S. Ahluwalia, J

This third application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed by order dated 10.11.2021

passed in M.Cr.C. No.53215/2021 as withdrawn with liberty to revive the prayer after undergoing some reasonable period of detention.

The applicant has been arrested on 20.07.2021 in connection with Crime No.451/2020 registered at Police Station Mehgaon, District Bhind for offence

under Section 392 of IPC and Section 11/13 of MPDVPK Act.

It is submitted by Counsel for the applicant that according to the prosecution case, the applicant is alleged to have snatched the gold chain from the

neck of the wife of complainant and he was duly identified in the Test Identification Parade. Apart from that, a piece of chain was also recovered

from his possession. However, it is submitted that the applicant is in jail from 20.07.2021. The applicant has criminal history and one more offence

under Section 394 of IPC and u/s. 11/13 of MDVPK Act has been registered against him. The applicant is ready and willing to abide by any stringent

condition which may be imposed by the Court. The 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 opposed by Counsel for the State. Considering the facts and circumstances of the case 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.

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 & 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 rules.