Madhya Pradesh High Court

MCRC/54756/2023 of KRISHNA Vs THE STATE OF MADHYA PRADESH on 29 December 2023

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COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI

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. 54756 of 2023

BETWEEN:-

KRISHNA S/O SHRI KAMLESH, AGE 21 YEARS,OCCUPATION: LABOUR, R/O BHAGITA KA PURA,BANMOREM, DISTT MORENA (MADHYA PRADESH)

(BY SHRI SUSHANT SHARMA - ADVOCATE)

.....APPLICANT

AND

THE STATE OF MADHYA PRADESH THROUGH POLICESTATION MAHARAJPUR DISTT GWALIOR (MADHYAPRADESH)

(BY SHRI A.K.NIRANKARI- PUBLIC PROSECUTOR)

.....RESPONDENT

This application coming on for admission this day, the court passed the following:

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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 17.07.2023 in connection with CrimeNo.451/2023 registered by Police Station Maharajpura, District Gwalior foroffence punishable under Section 392 of IPC and Section 11,13 of MPDVPK

Act.

4. It is submitted by the counsel for the applicant that it is a case of chain snatching. Although the gold chain seized from possession of applicant wasduly identified but the complainant has failed to identify the applicant, therefore,at the most it can be said that the applicant was the recipient of stolen property.So far as criminal antecedents are concerned, four cases of similar nature werefalsely registered by the police in the year 2023 itself. The trial is likely to takesufficiently long time and there is no possibility of his absconding or tamperingwith prosecution case.

5. Per contra, the application is vehemently opposed by the counsel forthe State. It is submitted that applicant has a criminal history of seven criminalcases including the present one. It is submitted that the chain seized from thepossession of applicant was duly identified but fairly conceded that applicantwas not identified in Test Identification Parade.

6. Considering the totality of facts and circumstances of the case, butwithout commenting on the merits of the case, the bail application is allowed. Itis directed that the applicant shall be released on bail on furnishing personalbond in the sum of Rs.1,00,000/- (Rupees One Lac only) with one surety inthe like amount to the satisfaction of the committal Court/trial Court to appearbefore the Court on the dates given by the concerned Court.

7. This order shall remain effective till the end of trial but in case of bailjump, it shall become ineffective.

8. In the light of the judgment passed by the Supreme Court in the caseo f 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.

9. Certified copy as per rules.

Aman

(G.S. AHLUWALIA)V. JUDGE

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