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Judgment
21 paragraphs · 394 wordsG.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passed in M.Cr.C. No.53215/2021 as withdrawn with liberty to revive the prayer after undergoing some reasonable period of detention.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.
