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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Gurpal Singh Ahluwalia, J.
Monu @ Mandeep Rajak – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.23428 of 2022
Decided On : 09-05-2022
Bail - Criminal Law - The court allowed the bail application of the applicant, who had been arrested for snatching a mobile phone, considering the nature of allegations, period of detention, and the absence of heinous offenses in the applicant's criminal history. The applicant was directed to appear before the police station monthly and to furnish a personal bond with surety.
Fact of the Case:
The applicant had been arrested for snatching a mobile phone and was in detention for approximately 3 and a half months. The applicant had a criminal history with 9 cases registered against him, but none were for heinous offenses.
Finding of the Court:
The court allowed the bail application, considering the nature of allegations, period of detention, and the absence of heinous offenses in the applicant's criminal history.
Issues: Bail application under Section 439 of Cr.P.C.
Ratio Decidendi: The court considered the nature of allegations, period of detention, and the absence of heinous offenses in the applicant's criminal history in allowing the bail application.
Final Decision: The application for bail was allowed, and the applicant was directed to appear before the police station monthly and to furnish a personal bond with surety.
JUDGMENT
Gurpal Singh ahluwalia, J. - Case diary is not available. It is submitted that while rejecting the previous bail application, this Court had mentioned the facts in detail, therefore, this application may be considered in the light of the facts mentioned in previous order.
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 16/03/2022 passed in MCRC No.13126/2022.
The applicant has been arrested on 31/01/2022 in connection with Crime No.101/2020 registered at Police Station G.R.P. B.G., District Gwalior for offence under Sections 392, 412 of IPC r/w Section 11/13 of the MPDVPK act.
according to the prosecution case, the applicant had snatched an apple Pro 11 mobile worth Rs.99,999/- in a running train. although, it is alleged that the applicant had sold the said mobile for a megar consideration amount of Rs.12,000/-, but it is submitted that he is in jail from 13/01/2022 i.e. approximately 3 and half months. It is true that the applicant has a criminal history and 9 more criminal cases have been registered against him but none of the case was registered for heinous offence. The applicant is ready and willing to abide by any stringent condition, which may be imposed by this Court. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that the applicant has a criminal history and as many as 9 criminal cases have been registered against him.
Considering the nature of allegations as well as period of detention and 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.
It is further directed that the applicant shall appear before the S.H.O. Police Station GRP B.G., District Gwalior on 1st of every month during the pendency of the Trial. In case of bail jump or non-appearance of the applicant before the police station as directed by this Court, this order shall lose its effect.
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.
The court considered the nature of allegations, period of detention, and the absence of heinous offenses in the applicant's criminal history in allowing the bail application.
The court considered the duration of pre-trial incarceration, the nature of the allegations, and the absence of comments on the merits of the case in granting bail.
The main legal point established is that the period of detention and lack of criminal antecedents can be considered in granting bail, without commenting on the merits of the case.
Lack of prosecution and interest by the applicant can lead to dismissal of a bail application.
The court considered the nature of allegations, period of detention, and the applicant's willingness to abide by stringent conditions in granting bail.
The court considered the length of detention, likelihood of a lengthy trial, absence of possibility of absconding or tampering with the prosecution case, and the directive from the Supreme Court in a....
The court may grant bail under Section 439 of Cr.P.C. based on the absence of heinous offences in the applicant's criminal history and the likelihood of a lengthy trial, while imposing specific condi....
The main legal point established in the judgment is the consideration of substantive evidence, the likelihood of a lengthy trial, and the absence of a possibility of absconding or tampering with the ....
The court's decision to grant bail was based on the facts and circumstances of the case, the absence of evidence implicating the applicant, and the reference to the judgment of the Supreme Court rega....
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