Madhya Pradesh High Court
MCRC/57673/2023 of VIJAY BALMIK Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIAON THE 29[th] OF DECEMBER, 2023(THROUGH VIDEO CONFERENCING)
MISCELLANEOUS CRIMINAL CASE No. 57673 of 2023
BETWEEN:-
VIJAY BALMIK S/O SHRI RAMU, AGE 26 YEARS,OCCUPATION - MAJDURI, R/O NIBUAPURA, BALMIKBASTI MORAR, DISTRICT GWALIOR (MADHYAPRADESH)
(BY SHRI PRASUN MAHESHWARI - ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION MORAR, DISTRICT GWALIOR (MADHYAPRADESH)
(BY SHRI RAVI BALLABH TRIPATHI - PANEL LAWYER)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
Case diary is available.
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ORDER
2. This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
3. Applicant has been arrested on 12.12.2023 in connection with Crime No.1050/2022 registered by Police Station Morar, District Gwalior for offencepunishable under Section 379 of IPC.
4. It is submitted by the counsel for the applicant that one mobile of redmi company is alleged to have been seized from the possession of applicant.In view of the criminal antecedents, applicant is ready and willing to abide byany stringent condition which may be imposed by the Court. The applicant isaged about 26 years. The trial is likely to take sufficiently long time and there isno possibility of his absconding or tampering with prosecution case.
5. Per contra, the application is vehemently opposed by the counsel forthe State. It is submitted that applicant has criminal history and as many as 5criminal cases have been registered against him.
6. Considering the stolen article seized from the possession of applicantas well as criminal antecedents of the applicant, this Court is of the consideredopinion that the applicant can be granted bail only on stringent condition.
7. Accordingly, without commenting on the merits of the case, theapplication is allowed. It is directed that the applicant shall be released on bailon furnishing personal bond of Rs.1,00,000/- (Rupees One Lac) with onesurety in the like amount to the satisfaction of the Trial Court/Committal Courtto appear before the Court on the dates given by the concerned Court.
8. It is further directed that the applicant shall appear before the S.H.O., Police Station Morar, District Gwalior on 1st of every month during thependency of the Trial. In case of bail jump or non-appearance of the applicantbefore the police station as directed by this Court, this order shall lose itseffect.
9. In the light of the judgment passed by the Supreme Court in the caseof Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 inCriminal Appeal No. 329/2021, the intimation regarding grant of bail be sentto the complainant.
10. Certified copy as per rules.
Aman
(G.S. AHLUWALIA)V. JUDGE