Gourav Sharma vs State Of M.P

G.S. Ahluwalia, J

This first application under Section 439 of Cr.P.C. has been filed for grant of bail.

The applicant has been arrested on 02.01.2022 in connection with Crime No.746/2021 registered at Police Station Maharajpura, Distt. Gwalior for

offence under Sections 365, 394 of IPC and Section 11, 13 of MPDVPK Act.

It is submitted by the counsel for the applicant that according to prosecution case, the applicant and other co-accused persons, after abducting the

complainant, took away his mobile and an amount of Rs.40/-. It is submitted that the applicant has been falsely implicated on the basis of

memorandum of co-accused, which is not admissible. Although the applicant is in jail for the last 25 days but the Test Identification Parade has not

been conducted. 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 by the counsel for the State. It is submitted that the applicant has one criminal case to his credit.

Considering the facts and circumstances of the case, 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.

This order shall remain effective till the end of 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 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.