Madhya Pradesh High Court
MCRC/51924/2018 of SURAJ SINGH Vs THE STATE OF MADHYA PRADESH on 31 December 2018
OF MADHYA PRADESH M.Cr.C.No.51924/2018
HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.51924/2018
Suraj Singh Vs. State of Madhya PradeshGwalior Bench: Dated: 31/12/2018
None for the applicant.
Shri Abhishek Mishra, learned Public Prosecutor for the respondent/State.
Perused the case diary and bail application.
This is the first bail application under Section 439 of Cr.P.C.on behalf of the applicant. The applicant is in custody since 06-10-2018 in connection with Crime No.310/2018 registered at PoliceStation Raun District Bhind for the offence punishable underSections 399, 400 and 402 of IPC, under Sections 25/27 of theArms Act and Section 25/27 of Arms Act.
Perusal of the case diary reveals that on the basis of secretinformation, police has arrested the applicant for making plan ofloot at the house of Sarpanch Mansingh Kushwaha, VillageMadhijethpura. According to bail application, applicant has beenfalsely implicated in this case. He has not committed any offence.Although 2-3 criminal cases registered against the applicant in2015 are staring at him but they may not haunt him for thereason that they are not of same nature offences.
Learned counsel for the respondent-State opposed theprayer and prayed for dismissal of the application.
Considering the submissions made by the applicant in hisbail application as well as the fact that disposal of trial shall taketime and detention of the applicant amounts to pretrial detention,without expressing any opinion on merits of the case, theapplication 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 Court HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.51924/2018
on the condition that he shall remain present before the Court concerned during the trial.
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, asthe 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 17:29:39 +05'30'