Krishnkant Jha @ Gumti vs State Of M.P

G.S. Ahluwalia, J

This second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First bail application of the applicant was dismissed by

order dated 14/12/2021 passed in MCRC No.61198/2021.

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 the MPDVPK Act.

It is submitted by the counsel for the applicant that according to the prosecution case, the complainant was returning back by walking and was talking

on his mobile phone. Two unknown persons came on a motorcycle and snatched his mobile. It is submitted that although, the applicant has been

identified in the TIP and looted mobile of the complainant has also been seized from the possession of the applicant, but he is in jail from 08/09/2021

i.e. more than four months. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the

prosecution case. It is further submitted that in the wake of on going Covid-19 pandemic his bail may be considered sympathetically.

Per contra, the application is vehemently opposed by the counsel for the State. However, it is fairly conceded that the applicant has no criminal

history.

Considering the period of detention as well as considering the fact that in the wake of Covid-19 pandemic, it is also necessary to decongest the jail,

and without commenting on the merits 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) 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.