Madhya Pradesh High Court
MCRC/52508/2018 of MADHO SINGH Vs THE STATE OF MADHYA PRADESH on 31 December 2018
OF MADHYA PRADESH M.Cr.C.No.52508/2018
HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.52508/2018
Madho Singh Vs. State of Madhya PradeshGwalior Bench: Dated: 31/12/2018
Shri Vikash Parashar, learned counsel for the applicant.
Shri Abhishek Mishra, 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 07-10-2018 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.
Learned counsel for the applicant submits that on the basisof secret information, police has arrested the applicant for makingplan of loot at the house of Sarpanch Mansingh Kushwaha, VillageMadhijethpura. It is also submitted that applicant has been falselyimplicated in this case. He has not committed any offence. He hasnot criminal past. Applicant undertakes to cooperate in the trial aswell as in the investigation as and when required, and not tocommit any offence of same nature. Therefore, applicant prayedfor grant of bail.
Learned counsel for the respondent-State opposed theprayer and prayed for dismissal of the application.
Heard the learned counsel for the parties and perused the case diary.
Considering the submissions made by learned counsel forthe parties as well as the fact that disposal of trial shall take timeand 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 a HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.52508/2018
personal 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.
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 17:29:15 +05'30'