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Judgment
20 paragraphs · 380 wordsG.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 02.01.2022 in connection with Crime No.746/2021 registered at Police Station Maharajpura Distt. Gwalior for
offence under Sections 365 and 394 of IPC and 11/13 of MPDVPK Act.
It is submitted by the counsel for the applicant that according to the prosecution case, the applicant and other co-accused persons, after obstructing the
complainant, took away his mobile and Rs. 40/-. The applicant has been falsely implicated. The recovery of purse containing Rs. 40/- as well photo
copy of the Adhar Card of the complainant has been falsely shown because there was no reason for the applicant to keep the photo copy of the
Adhar Card of the complainant. He is in jail from 02.01.2022 i.e. more than one month, but the Test Identification Parade of accused has not been
conducted. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. Further,
this Court vide order dated 27.01.2022 passed in M.Cr.C. No. 4763/2022 and M.Cr.C. No. 2582/2022 has granted bail to the co-accused Gaurav
Sharma and Vishnu @ Chintu Parmar.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant has a criminal history and one more
offence under Section 392 of IPC has been registered against him.
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.