Madhya Pradesh High Court
MCRC/51964/2018 of AJAY Vs THE STATE OF MADHYA PRADESH on 31 December 2018
MP BEHCN AT INDORE MCRC No.51964/2018 Ajay vs. The State of M.P.
MCRC No.51964/2018
Ajay vs. The State of M.P.
Indore: Dated:-31.12.2018
Shri Rohit Shinde, learned counsel for the petitioner.
Smt. Archana Kher, learned Public Prosecutor for therespondent/State.
Heard with the aid of case diary.
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O R D E R
1. This is firstbail application under Section 439 of Cr.P.C.in connection with Crime No.199/2018 under Section 302,407, 414, and 397 of IPC registered at Police Station-.Maheshwar, District-Khargon
2. As per prosecution story, a Blue Colour Tractor of Farm-track Company bearing registration number MP-10 AA-6195 isowned by Surendra Singh. On 18.05.2016 at 08.45 PMcomplainant Sachin son of Surendra Singh asked his Driver AntarSingh to deliver 25 quintals of “Dollar Chana” at DhamnodMandi; at 10.00 PM, complainant called his Driver to find out hiswhereabouts, but his call was not answered. The said fact wasinformed by the complainant to his father. They went toDhamnod Mandi to find out Driver Antar Singh and tractorloaded with goods, but their efforts were in vain. Thereafter, areport was lodged at Police Station, Maheshwar for an offencepunishable under Section 407 of the Indian Penal Code, 1860.During investigation, on 19.05.2018, dead body of Driver AntarSingh was found under Dhamnod Puliya and injuries were alsoseen on his body.
3. It is submitted by the learned counsel for the petitioner thatco-accused persons Satish, Ashik and Fakru have already beengranted bail by this Court and the present petitioner has completeparity with them. The petitioner is in custody since 01.06.2018.Therefore, he may be granted bail.
HIGH COURT OF MP BEHCN AT INDORE
5. The Public Prosecutor has opposed the bail application.However, She has not controverted the parity with the co-accusedpersons.
6. In view of the arguments advanced by the learned counselfor the petitioner, allegations made against him, I deem it properto release the accused on bail. Therefore, without commenting onmerits of the case, the application is allowed.
7. It is directed that the petitioner Ajay be released fromcustody on his furnishing a personal bond in the sum ofRs.30,000/- (Rupees Thirty thousand) with one solvent suretyof the like amount to the satisfaction of the Trial Court for hisappearance before the Trial Court as and when required further subject to the following conditions:-
(i) The petitioner shall co-operate with the trial andshall not seek unnecessary adjournments on frivolousgrounds to protract the trial;shall not seek unnecessary adjournments on frivolousgrounds to protract the trial;
(ii) The petitioner shall not directly or indirectly allureor make any inducement, threat or promise to theprosecution witnesses, so as to dissuade them fromdisclosing truth before the Court;or make any inducement, threat or promise to theprosecution witnesses, so as to dissuade them fromdisclosing truth before the Court;
(iii) The petitioner shall not commit any offence orinvolve in any criminal activity;involve in any criminal activity;
(iv) In case of his involvement in any othercriminal activity or breach of any other aforesaidconditions, the bail granted in this case may also becancelled.
amit
Digitally signed by Amit Kumar Date: 2018.12.31 15:15:21 +05'30'
(Virender Singh)
V. Judge