Madhya Pradesh High Court
MCRC/52168/2023 of MONU 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. 52168 of 2023
BETWEEN:-
MONU PAL S/O BAALCHAND PAL, AGED 29 YEARS, R/OSUJED THANA DURSADA DISTRICT DATIA (MADHYAPRADESH)
(BY SHRI AVANEESH CHATURVEDI - ADVOCATE)
.....APPLICANT
AND
STATE OF MADHYA PRADESH THROUGH POLICESTATION KOTWALI DISTRICT DATIA (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 forgrant of bail.
3. The applicant has been arrested on 31.05.2023 in connection withCrime No.342/2023 registered at Police Station Kotwali Datia, District Datia foroffence under Sections 399, 400, 402 of IPC and Section 11 & 13 ofMPDVPK Act and Section 25(1-B)(a) of Arms Act.
4. It is submitted by the counsel for the applicant that according to the prosecution case, some accused persons had assembled for making preparationof committing dacoity. One luhangi is alleged to have been seized from thepossession of the applicant. In-fact applicant has been falsely implicated. He isin jail since 31.05.2023. The Trial is likely to take sufficiently long time and thereis no 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 four moreoffences have been registered against him.
6. Considering the period of detention as well as the nature of allegations,without commenting on the merits of the case, the application is allowed. It isdirected that the applicant be released on bail on furnishing a personal bond inthe sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the likeamount to the satisfaction of the Trial Court/Committal Court to appear beforethe 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