AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
18 paragraphs · 363 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 22/10/2021 in connection with Crime No.253/2021 registered at Police Station Pichhore, Distt. Gwalior for offence
under Section 394 of IPC, 11/13 of the MPDVPK Act and Section 25/27 of the Arms Act.
It is submitted by the counsel for the applicant that the charge-sheet has been filed on 3/1/2022. It is submitted that according to the prosecution case,
the applicant was looted by three unknown persons, who took away an amount of Rs.1,550/-, mobile of Intex Company as well as his Splendor
motorcycle. It is submitted that the applicant is a young boy aged about 27 years and he is in jail for the last more than two months. He has no criminal
history. Co-accused Manvendra has been granted bail by order dated 06.01.2022 passed in M.Cr.C. No. 63994/2021. 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. The counsel for the State after going through the police case diary and
seeking instructions from the Investigating Officer also submitted that the charge-sheet has been filed on 3/1/2022.
Considering the facts and circumstances of the case, allegations as well as period of detention, 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.