Madhya Pradesh High Court
Gourav Singh Lodhi vs The State Of Madhya Pradesh Thr on 20 April, 2018
1 MCRC-15081-2018
HIGH COURT OF MADHYA PRADESH
MCRC-15081-2018
(Gaurav Singh Lodhi Vs. State of M.P.)
Gwalior, Dated : 20/04/2018
Shri Ajay Kumar Dwivedi, counsel for the applicant.
Shri Prakhar Dhengula, Public Prosecutor for the
respondent/State.
Case Diary is available.
This is first application under Section 439 of CrPC for grant of bail.
The applicant has been arrested on 09.03.2018 in connection with Crime No.160/2017 registered by Police Station Vishwavidyalaya District Gwalior, for the offence punishable under Section 392 of IPC and Section 11/13 of MPDVPK Act.
It is submitted by the counsel for the applicant that on 03.11.2017 the applicant was arrested by the Police Station University District Gwalior in connection with Crime No. 133/2017. Thereafter, the applicant was granted bail by this Court by order dated 21.02.2018 passed in M.CR.C. No. 6441/2018. After the applicant was released, the police has arrested the applicant on 10.04.2017 in connection with Crime No. 160/2017 showing that the mobile, which was snatched from the hand of the complainant, has been recovered from the possession of the applicant. It is further submitted that when the applicant was already in custody with the police from 03.11.2017, then they could have arrested the applicant in this case also, but they did not do that so that the applicant may be arrested immediately after his release in the previously instituted case. This Court by order dated 28.03.2018 passed in M.Cr.C. No. 11658/2018 and 12030/2018 has granted bail to the co-accused Shubham and Anup Kumar Jatav. The applicant undertakes to abide by any condition, which may be imposed by this Court and the trial is likely to take sufficiently long time and case of the applicant more 2 MCRC-15081-2018 or less is identical to the co-accused persons.
Per contra, the application is opposed by the counsel for the respondent/State. It is submitted by the State counsel that the applicant has a criminal history and the mobile, which was snatched from the hand of the complainant, was recovered from the possession of the applicant. However, it is clearly conceded that the Test Identification Parade of the mobile has not been conducted because the IMEI number of the mobile was mentioned in the FIR itself.
Considering the detention period, facts and circumstances of the case, maintaining the parity and without commenting anything 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.40,000/- (Rupees Forty Thousand Only) 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 the trial but in case of bail jump, it shall become ineffective.
Certified copy as per rules.
(G.S. Ahluwalia) Judge Abhi Digitally signed by ABHISHEK CHATURVEDI Date: 2018.04.20 19:02:59 +05'30'