Madhya Pradesh High Court
MCRC/51440/2018 of ROHIT KAURAV Vs THE STATE OF MADHYA PRADESH on 31 December 2018
OF MADHYA PRADESH M.Cr.C.No.51440/2018
HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.51440/2018
Rohit Kaurav Vs. State of Madhya PradeshGwalior Bench: Dated: 31/12/2018
Ms. Neha Malaliya, learned counsel for the applicant.
Shri N.S. Kirar, learned Public Prosecutor for the respondent/State.
With consent heard finally.
This is the first bail application under Section 439 of Cr.P.C.on behalf of the applicant. The applicant is in custody since 28-10-2018 in connection with Crime No.203/2018 registered at PoliceStation Daboh District Bhind for the offence punishable underSections 34(2) of M.P. Excise Act.
It is submitted by learned counsel for the applicant that hehas been falsely implicated in the case. Applicant is reputedcitizen of the locality and no criminal antecedents is allegedagainst him. Applicant is ready to cooperate in the investigationand as and when required by the Investigating Officer he will makehimself available. Confinement amounts to pretrial detention.
On the other hand, learned counsel for the State on thebasis of case diary opposed the bail application and prayed fordismissal of bail application.
Heard the counsel for parties and perused the case diary.Considering the submissions made by learned counsel forthe parties as well as the fact that confinement amounts to pretrialdetention, without expressing any opinion on merits of the case,the application filed under Section 439 of Cr.P.C. is allowed. It isdirected that the applicant be released on bail on furnishing apersonal bond in the sum of Rs.50,000/- (Rs. Fifty ThousandOnly) with one solvent surety in the like amount to the satisfactionof the trial Court for his regular appearance before the trial Courton the condition that he shall remain present before the Courtconcerned during the trial.
HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.51440/2018
This order will remain operative subject to compliance of the following conditions by the applicant:-
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1. The applicant will comply with all the terms andconditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extendinginducement, threat or promise to any person acquaintedwith the facts of the case so as to dissuade him fromdisclosing such facts to the Court or to the Police Officer, asthe case may be.
4. The applicant will not commit an offence similar to theoffence of which he is accused;
5. The applicant will not seek unnecessary adjournmentsduring the trial; and
6. The applicant will not leave India without previouspermission of the trial Court/Investigating Officer, as thecase may be.
A copy of this order be sent to the Court concernedfor compliance.
(Anand Pathak)
Anil* V.Judge
Digitally signed by ANIL KUMAR CHAURASIYA Date: 2018.12.31 17:31:17 +05'30'