Rajpal vs State Of M.P

G.S. Ahluwalia, J

This second application under Section 439 of Cr.P.C. has been filed for grant of bail. Previous application was rejected by order dated 6.9.2021 passed in M.Cr.C. No. 42208/2021.

The applicant has been arrested on 01.06.2021 in connection with Crime No.136/2021 registered at Police Station Khaniyadana Distt. Shivpuri for offence under Section 392 of IPC and 11/13 of MPDVPK Act.

It is submitted by the counsel for the applicant that applicant is in jail from 1.6.2021 i.e. more than five months. Previous bail application was rejected by order dated 6.9.2021 passed in M.Cr.C. No. 42208/2021 only on the ground that applicant has criminal history and mobile as well as motorcycle of complainant were seized from the possession of the applicant. It is submitted that applicant is a young boy aged about 20 years and his long incarceration in jail will have adverse affect on his career and out of four criminal cases registered against him, three cases were registered on the very same day along with the present case. One offence was registered in the year 2020. All the co-accused persons have been granted bail. In view of recovery of the motorcycle as well as mobile phone of the complainant coupled with the fact that the applicant has criminal antecedents, he is ready and willing to abide by any stringent condition which may be imposed by this Court including that of furnishing cash surety. 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 four more criminal cases have been registered against the applicant, but he fairly conceded that out of four criminal cases, three cases have been registered on the very same day along with the present case.

Considering the period of detention as well as criminal antecedents and recovery of incriminating articles, the application for grant of bail can be allowed only on stringent condition.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on furnishing cash surety of Rs.1,00,000/- (Rupees One Lac Only) or in the alternative on depositing his original title-deed(s) [not Rin Pustika] of the immovable property worth of more than the said amount, as directed by the Supreme Court in the case of Sharo @ Shahrukh Vs. The State of MP by order dated 06.09.2021 passed in SLP (Cri) No. 6321/2021 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.

It is made clear that single default in appearance before the Trial Court, or in case of registration of new offence, this bail order shall automatically come to an end and the cash surety so furnished by the applicant shall automatically stand forfeited without any reference to the Court.

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.

CC as per rules.