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Judgment
9 paragraphs · 362 wordsG.S. Ahluwalia, J
This third repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. Second bail application of the applicant was dismissed by order dated 17/01/2022 passed in MCRC No.52/2022.
The applicant has been arrested on 22/10/2021 in connection with Crime No.253/2021 registered at Police Station Picchore, District Gwalior for offence under Section 394 of IPC, Section 11/13 of the MPDVPK Act and Section 25/27 of the Arms Act.
It is submitted by the counsel for the applicant that according to the prosecution case, the applicant and co-accused persons had robbed the complainant and took away his motorcycle as well as an amount of Rs.1,550/-, one mobile of Intex company. It is submitted that the applicant was not put for Test Identification Parade. It is true that the motorcycle of the complainant was recovered from the possession of the applicant, but the applicant has no criminal history and he is in jail for the last 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.
Per contra, the application is vehemently opposed by the counsel for the State. After going through the police case diary, it was fairly conceded that the applicant has no criminal history.
Considering the period of detention as well as 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.