Madhya Pradesh High Court
MCRC/52678/2023 of MAHAVEER GURJAR 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 SUBODH ABHYANKARON THE 29[th] OF DECEMBER, 2023
MISC. CRIMINAL CASE No. 52678 of 2023
BETWEEN:-
MAHAVEER GURJAR S/O BHARAT SINGH, AGED ABOUT24 YEARS, OCCUPATION: AGRICULTURIST R/OVILLAGE SONERAM KA PURA POST TIGHRA DISTRICTGWALIOR (MADHYA PRADESH)
(BY SHRI R.K. DWIVEDI- ADVOCATE)
.....APPLICANT
AND
THE STATE OF MADHYA PRADESH THROUGH POLICESTATION TIGHRA DISTRICT GWALIOR (MADHYAPRADESH)
(BY SHRI PADAMSHRI AGRAWAL- PANEL LAWYER)
.....RESPONDENT
This application coming on for admission this day, the court passed the following:
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ORDER
They are heard. Perused the case-diary.
This is the second bail application filed by the applicant under Section439 of Criminal Procedure Code, 1973 for grant bail.
His first application was dismissed as withdrawn vide M.Cr.C. No.41841of 2023 on 20.09.2023 with liberty to renew the prayer after charge sheet isfiled. Counsel has submitted that charge-sheet has been filed.
Counsel has submitted that charge sheet has already been filed and it hasbeen found that from the present applicant two notes of the denomination of Rs. 200/- have been seized and he has not been identified by the complainant.
Counsel for the State has opposed the prayer however, it is not deniedthat there is no TIP against the applicant that he has been identified.
On due consideration of submissions, perusal of the case-dairy and thefact that the notes recovered from the applicant also have not been traced bythe complainant, this Court is inclined to allow the application.
Accordingly, without commenting on the merits of the case, theapplication filed by the applicant is allowed. The applicant is directed to bereleased on bail upon furnishing a personal bond in the sum of Rs.25,000/-(Rupees Twenty Five Thousand) with one solvent surety of the like amountto the satisfaction of the trial Court for his/her regular appearance before thetrial Court during trial with a condition that he/she shall remain present beforethe Court concerned during trial and shall also abide by the conditionsenumerated under Section 437 (3) Criminal Procedure Code, 1973.
Certified copy as per rules.
Vishal
(SUBODH ABHYANKAR)JUDGE