Madhya Pradesh High Court
MCRC/52466/2018 of SANJU Vs THE STATE OF MADHYA PRADESH on 31 December 2018
OF MADHYA PRADESH M.Cr.C.No.52466/2018
HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.52466/2018Sanju Vs. State of Madhya PradeshGwalior Bench: Dated:31/12/2018
Shri Dharmendra Shrivastava, learned counsel for theapplicant.
Shri Abhishek Mishra, learned Public Prosecutor for therespondent/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 13-10-2018 in connection with Crime No.276/2018 registered at PoliceStation Bamorkalan district Shivpuri for the offence punishableunder Sections 498-A, 304-B, 34 of IPC and under Section 3/4 ofDowry Prohibition 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. Death of deceased Asarfi alias Kalli was caused dueto asphyxia and drowning. No antemortem injury was found overthe person of the deceased. Applicant is in confinement since 13-10-2018. Charge-sheet has already been filed. Confinementamounts to pretrial detection. He referred copy of the order dated20-12-2018 passed in M.Cr.C.No.51288/2018 and seeks parity.
On the other hand, learned counsel for the State on thebasis of case diary opposed the bail application and prayed fordismissal of bail application but could not dispute the parity.
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 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 is HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.52466/2018
directed that the applicant be released on bail on furnishing a 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 17:30:01 +05'30'