High CourtsSingle Bench

Mahip Singh Gurjar vs State Of M.P

Madhya Pradesh High Court · Decided on 8 March 2021 · Citation: (2021) 03 MP CK 0036

HON’BLE JUDGES
Vishal Mishra, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 148, 149, 224, 225, 307, 353, 396, 397 · Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 — Section 11, 13 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Dismissed
CASE NUMBER
Miscellaneous Petition No. 12610 Of 2021
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Judgment

15 paragraphs · 299 words

Vishal Mishra, J

The applicant has filed this second application u/S.439 Cr.P.C. for grant of bail. The applicant has been arrested on 04.02.2021 by Police Station

Tigra, District Gwalior in connection with Crime No.76/2018 registered in relation to the offence punishable u/Ss. 147, 148, 149, 353, 307 of IPC and

further added Sections 396, 397, 224, 225 of IPC and Section 11, 13 of MPDVPK Act.

It is submitted by the counsel for the applicant that first bail application was dismissed as withdrawn by this Court vide order dated 18.02.2021 passed

in M.Cr.C.No.9108/2021. The investigation is pending in the matter. Test identification parade of the present applicant is yet to be conducted by the

authority. The applicant is in custody since 04.02.2021. The applicant is ready to abide by all the terms and conditions that may be imposed by this

court while considering the application for grant of bail. There is no possibility of his absconding or tampering with the prosecution case. Under these

circumstances, learned counsel for the applicant prays for grant of bail to the applicant.

Per contra, learned Govt. Advocate for the State has opposed the bail application stating that the investigation is pending in the matter. TIP of the

present applicant is yet to be conducted by the authority. The present case bearing at Crime No.76/2018 has been registered against the present

applicant in the year 2018. The present applicant has recently been arrested on 04.02.2021. He has prayed for rejection of this bail application.

Considering the overall facts and circumstances of the case and the investigation is pending in the matter and TIP of the present applicant is yet to be

conducted, this Court does not deem it appropriate to allow this application. Accordingly, the application is hereby rejected.

Certified copy as per rules.