Madhya Pradesh High Court

MCRC/52081/2018 of TUFANSINGH Vs THE STATE OF MADHYA PRADESH on 31 December 2018

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MADHYA PRADESH BENCH AT INDORE M.CR.C No.52081/2018 (Tufansingh Vs. State of

Sourabh

HIGH COURT OF MADHYA PRADESHBENCH AT INDOREM.CR.C No.52081/2018(Tufansingh Vs. State of MP)

-Indore, dated :31/12/2018:

Shri Pankaj Sohani, learned counsel for the applicant.

Smt.Archana Kher, learned counsel for the respondent/State.

Heard with the aid of case diary.

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O R D E R

1. This first bail application under section 439 of CrPC in crime number- 291/2018 U/s 25 and 27 of the Arms Act registered at Police Station -Khargone, District- Khargone.

2. According to the prosecution case, on 13.06.2018 when the policeintercepted a Maruti Car bearing no.MP-09-CV-0366, recovered several firearms from the onboard passengers. The petitioner was not present on the spot.Nothing is recovered from his possession. He is implicated only on the basis ofmemo statement of co-accused person Rakesh Dave.

3. It is submitted by the learned counsel for the petitioner that co-accusedpersons Pappu @ Pawan and Dheeraj have been granted bail by this Court videorder dated 04.07.2018 passed in M.Cr.C NO.25183/2018 and dated 23.07.2018passed in M.Cr.C No.28178/2018.

4. In view of the aforesaid and other facts and circumstances of the case, Ideem it proper to release the accused on bail. Therefore, without commenting onmerits of the case, the application is allowed.

5. It is directed that the applicant Tufansingh S/o Ratansingh be releasedfrom custody on his furnishing a personal bond in the sum of Rs.30,000/- (Rs.Thirty Thousand) with one solvent surety of the like amount to the satisfactionof the Trial Court for his appearance before the Trial Court as and when requiredfurther subject to the following conditions:

(i) The applicant shall co-operate with the trial and shall notseek unnecessary adjournments on frivolous grounds to protract thetrial;

(ii) The applicant shall not directly or indirectly allure or makeany inducement, threat or promise to the prosecution witnesses, soas to dissuade them from disclosing truth before the Court;

(iii) The applicant shall not commit any offence or involve in anycriminal activity;

(iv) In case of his involvement in any other criminal activity orbreach of any other aforesaid conditions, the bail granted in thiscase may also be cancelled.

(Virender Singh)

Judge

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