MCRC/4655/2024 of DHARMENDRA Vs THE STATE OF MADHYA PRADESH on 5 February 2024

ORDER

This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail relating to Crime No.304 of 2023 registered at PoliceStation Tyonda, District Vidisha (M.P.) for the offence under Section 457 and380 of IPC.

Learned counsel for the applicant argued that the applicant is innocentand has been falsely implicated. It is further argued that the applicant is incustody since 06.12.2023. After conclusion of investigation, charge-sheet hasalready been filed, therefore, there is no requirement of further custodialinterrogation of the applicant. Co-accused Sumit @ Chotu Sharma has already been granted bail by this Court by order dated 19.1.2024 passed in MCRCNo.1444 of 2024 and case of the present applicant is in parity with co-accused.Applicant is permanent resident of District Vidisha (M.P.) and there i s nopossibility of his absconsion or tempering with prosecution case. On thesegrounds, he prays for grant of bail to the applicant.

Per contra, learned Panel Lawyer for the respondent/State vehementlyopposed the bail application by citing criminal history and prayed for itsrejection.

Heard learned counsel for the rival parties and perused the case diaryavailable on record.

Considering the facts and circumstances of the case, but withoutexpressing any opinion on merits of the case, this application is allowed and itis directed that the applicant be released on bail on furnishing a personal bondin the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one solvent suretyin the like amount to the satisfaction of the trial Court/committal Court.

This order will remain operative subject to compliance of the followingconditions by the applicant:-

1) The applicant will comply with all the terms andconditions of the bond executed by him; conditions of the bond executed by him;

2) The applicant will cooperate in the investigation/trial, asthe case may be;the case may be;

3) The applicant will not indulge himself in extendinginducement, threat or promise to any person acquainted withthe facts of the case so as to dissuade him/her fromdisclosing such facts to the Court or to the Police Officer, asthe case may be;

4) The applicant will not commit any other offence orwill not repeat the offence in future. In case, if he/she isfound involving in the offence of same nature, this bailwill not repeat the offence in future. In case, if he/she isfound involving in the offence of same nature, this bail order shall stand cancelled automatically without furtherreference to the Bench.

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 the casemay be.

7 ) The applicant shall mark his presence before theSHO of the concerning police station in the first week ofevery month till conclusion of the trial.

Learned State counsel is directed to send an e-copy of this order to theStation House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

AK/-

(SUNITA YADAV)JUDGE