Madhya Pradesh High Court
Ajay Singh vs The State Of Madhya Pradesh on 17 January, 2020
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.53738/2019
Ajay Singh Vs. State of M.P.
Gwalior, Dated : 17/01/2020
Shri M.L. Yadav, learned counsel for applicant.
Shri S.S. Rajput, learned Public Prosecutor for respondent/State.
This is third application filed under Section 439 of Cr.P.C. for grant of bail. First application was dismissed as withdrawn by order dated 05/08/2019 passed in MCRC 32163 of 2019. Second application was rejected by order dated 14/10/2019 passed in MCRC 41605 of 2019.
The applicant has been arrested on 19/07/2019 in connection with Crime No.329/2017 registered by Police Station Umri, District Bhind for offence punishable under Sections 392, 353, 341, 186, 34 of IPC and under Section 11/13 of MPDVPK Act.
It is submitted by the counsel for the applicant that according to the prosecution case when the Police was trying to stop the Tractor & Trolley which was loaded with illegally excavated sand, then the applicant along with other co-accused persons came there and not only forcibly took away Tractor& Trolley but also snatched the mobile of the complainant. It is submitted that the applicant is in jail from 19/07/2019 i.e. almost from 6 months and the trial is likely to take sufficiently long time. Although the applicant was arrested on 19/07/2019 whereas incident was taken place in the year 2017 but the applicant is ready and willing to abide by any stringent condition, which may be imposed by 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.53738/2019 Ajay Singh Vs. State of M.P. this Court and there is no possibility of his absconsion or tempering with the prosecution evidence.
Per contra, the application is opposed by the counsel for the respondent/State. It is submitted by learned Public Prosecutor that not only the applicant had forcibly taken away the Tractor & Trolley which was loaded with illegally excavated sand but was also absconding and with great difficulty he could be arrested only on 19/07/2019.
Considering the facts and circumstances of the case, without commenting on the merits of the case, the application is allowed. On furnishing the cash surety of Rs.2,00,000/- (Rupees Two Lakhs Only) to the satisfaction of the Trial Court/Committal Court, to appear before the Court on the dates given by the concerned Court, it is directed that the applicant be released on bail.
It is made clear that even a single default in appearance of the applicant before the trial Court would result in immediate cancellation of this order and the cash surety of amount of Rs.2,00,000/- shall automatically stand forfeited without any order, by the trial Court.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
CC as per rules.
(G.S. Ahluwalia)
Shubhankar* Judge
SHUBHANKAR
MISHRA
2020.01.17
17:18:17 +05'30'