High CourtsSingle Bench

Krishnakant Jha @ Gumti vs State Of M.P

Madhya Pradesh High Court · Decided on 14 December 2021 · Citation: (2021) 12 MP CK 0039

HON’BLE JUDGES
G.S. Ahluwalia, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 392 · Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 — Section 11, 13
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case No.61198 Of 2021
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Judgment

7 paragraphs · 171 words

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 08/09/2021 in connection with Crime No.457/2021 registered at Police Station Karera, District Shivpuri for offence under Section 392 of IPC and Section 11/13 of MPDVPK Act.

It is submitted by the counsel for the applicant that according to the prosecution case, two unidentified persons snatched a mobile phone from the hand of the complainant. He is in jail from 08/09/2021.

Per contra, the application is vehemently opposed by the counsel for the applicant. It is submitted that the bail application of co-accused Surendra Kewat has already been rejected by order dated 24/11/2021 passed in MCRC No.52651/2021. Further, the applicant was not only identified in the Test identification Parade but looted mobile phone has also been seized from his possession.

Accordingly, no case is made out for grant of bail.

The application fails and is hereby dismissed. However, liberty is granted to the applicant to revive the prayer.