Abhishek Jaat vs State Of M.P

G.S. Ahluwalia, J

This second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First bail application of the applicant was dismissed by order dated 18/02/2022 passed in MCRC No.8447/2022.

The applicant has been arrested on 25/01/2022 in connection with Crime No.87/2021 registered by Police Station Gohad, District Bhind, for offence punishable under Sections 392, 34 of IPC and Section 11/13 of MPDVPK Act.

It is submitted by the counsel for the applicant that according to the prosecution case, on 21/03/2021 at about 12:30 in the afternoon, the complainant was waylaid by four persons and he was beaten and an amount of Rs.85,000/- was snatched from him. The applicant is specifically named in the FIR. However, it is submitted that the applicant is in jail from 25/01/2022, i.e., approximately three months and the Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. It is further submitted that co-accused Rahul Singh Rana has already been granted bail by this Court by order dated 22/04/2022 passed in MCRC No.19829/2022.

Per contra, the application is vehemently opposed by the counsel for the State. It is fairly conceded by the counsel for the State that the applicant has no criminal history.

Considering the facts and circumstances of the case 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.