Madhya Pradesh High Court
MCRC/50733/2018 of GOTIYA @ HOSHIYARSINGH Vs THE STATE OF MADHYA PRADESH on 31 December 2018
MP BEHCN AT INDORE MCRC No.50733/2018 Gotiya @ Hoshiyarsingh vs. The State of
MCRC No.50733/2018
Gotiya @ Hoshiyarsingh vs. The State of M.P.
Indore: Dated:-31.12.2018
Shri N. Dave, learned counsel for the petitioner.
Shri Bhuwan Gautam, 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 secondbail application under Section 439 ofCr.P.C. in connection with Crime No.104/2018 under Section 394 and 395 of IPC registered at Police Station-JobatDistrict-Alirajpur. First application was dismissed as withdrawnvide order dated 28.09.2018 passed in MCRC No.38189/2018.
2. Co-accused persons Ramesh and Balla @ Ballu havealready been granted bail by this Court vide order dated24.08.2018 and 28.08.2018 respectively.
3. The prosecution has come before this Court with a case thaton 10.04.2018, when the complainant who is a whole-seller wascoming back after recovery of cost of cosmetics sold to theretailers, some unknown miscreants robbed him and during thecourse of robbery, beat him also. Total Rs.1,76,526/- were lootedfrom him. Rs.23,500/- were recovered from the presentpetitioner. He was placed before the complainant foridentification and was identified by him.
4. Contention of the learned counsel for the petitioner is thatthe petition is languishing in jail since 07.05.2018. He was putbefore the complainant for identification after almost 2 and a halfmonths and it is mentioned in the identification memo that onePraheri (Guard) was also present during identification period.Therefore, he may be granted bail.
5. The Public Prosecutor has opposed the bail application.
6. Consideringthe contentions of both the parties and the HIGH COURT OF MP BEHCN AT INDORE
evidence available against the petitioner coupled with the periodof incarceration, I deem it proper to release the accused on bail.Therefore, without commenting on merits of the case, theapplication is allowed.
7. It is directed that the petitioner Gotiya @ Hoshiyarsinghbe released from custody on his furnishing a personal bond in the sum of with oneRs.30,000/- (Rupees Thirty thousand) solvent surety of the like amount to the satisfaction of the TrialCourt for his appearance 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;
(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;
(iii) The petitioner shall not commit any offence orinvolve in any criminal activity;
(v) 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 16:23:56 +05'30'
(Virender Singh)
V. Judge