Madhya Pradesh High Court
MCRC/52770/2018 of ANURAG Vs THE STATE OF MADHYA PRADESH on 31 December 2018
Madhya Pradesh, Jabalpur Bench at Indore Miscellaneous Criminal
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High Court of Madhya Pradesh, JabalpurBench at Indore Miscellaneous Criminal Case No.52770/2018(Anurag s/o Devendra Rojiya VersusThe State of Madhya Pradesh)
Indore, Dated 31.12.2018
Mr. Raghuvendra Singh Bais, learned counsel forthe applicant.
Ms. Archana Kher, learned Public Prosecutor forthe non-applicant / State of Madhya Pradesh.
Heard with the aid of case diary.
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O R D E R
Applicant Anurag s/o Devendra Rojiya has filedthis first bail application under Section 439 of theCode of Criminal Procedure, 1973 before the HighCourt in connection with Crime No.904/2018 underSections 386, 507 and 120-B of the Indian Penal Code,1860 registered at Police Station MIG Indore, DistrictIndore (MP). He is in custody since 14.12.2018.
2. Prosecution case is that the present applicant inconnivance with other co-accused persons made aransom call to complainant Nivesh Barjatya s/oDinesh Barjatya and demanded rupees five crores, elsehe will face dire consequences and he or his familymembers may be killed.
3. Evidence collected during the investigation isonly recovery of intex mobile from the possession ofthe present applicant.
Pithawe RC
4. In view of the evidence available on record andother facts and circumstances of the case, I deem itproper to release the accused / applicant on bail.Therefore, without commenting on merits of the case,the application is allowed.
It is directed that applicant Anurag s/o Devendra Rojiya be released from custody on hisfurnishing a personal bond in the sum ofRs.50,000/- (Rupees Fifty Thousand Only) withone solvent surety to the satisfaction of the TrialCourt for his appearance before the Trial Court, as andwhen required further, subject to the followingconditions :-
(i) The applicant shall co-operate with the trial andshall not seek unnecessary adjournments on frivolousgrounds to protract the trial;
(ii) The applicant shall not directly or indirectly allureor make any inducement, threat or promise to theprosecution witnesses, so as to dissuade him / her fromdisclosing truth before the Court;
(iii) The applicant shall not commit any offence orinvolve in any criminal activity; and,
(iv) In case of his involvement in any other criminalactivity or breach of any other aforesaid conditions, thebail granted in this case may also be cancelled.
5. Miscellaneous Criminal Case No.52770/2018.stands disposed of (Virender Singh)
Vacation Judge