Madhya Pradesh High Court
MCRC/50962/2018 of RAMU GURJAR Vs THE STATE OF MADHYA PRADESH on 31 December 2018
COURT OF MADHYA PRADESH MCRC-50962-2018 (RAMU GURJAR Vs THE STATE OF MADHYA
THE HIGH COURT OF MADHYA PRADESHMCRC-50962-2018
(RAMU GURJAR Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 31/12/2018
Shri Abhinash Kulshrestha, learned counsel for theapplicant.
Shri Abhishek Mishra, learned Public Prosecutor for therespondent-State.
With consent heard finally.
The applicant has filed second application u/S. 439, Cr.P.C.for grant of bail. First application was dismissed as withdrawn videorder dated 07.12.2018 passed in M.Cr.C No. 47278/2018.
The applicant has been arrested by Police Station StationRoad, District Morena in connection with Crime No.372/2018registered in relation to the offences punishable u/S. 25, 27 ofArms Act.
It is the submissions of learned counsel for applicant thatcharge sheet has been filed and therefore, he reiterating the prayerfor bail. Applicant is in confinement since 02.11.2018. One countrymade pistol along with one live cartridge is said to have beenrecovered from the possession of the applicant.He undertakes tocooperate in the trial and would make himself available all thedates as given by the trial Court. Although, some cases areregistered against him earlier, but no offence of same nature hasbeen registered against him. Only minor offences are registeredagainst him. His confinement would amount to pre trial detention.
Learned Public Prosecutor for the respondent/State opposed the prayer and prayed for dismissal of the application.
Heard learned counsel for the parties and perused the case diary.
Considering the submissions advanced by the counsel for the LJ*
THE HIGH COURT OF MADHYA PRADESHMCRC-50962-2018
(RAMU GURJAR Vs THE STATE OF MADHYA PRADESH)
applicant and on perusal of the case diary, without expressing anyopinion on the merits of the case, this Court deems it appropriateto allow this application in the following terms.
It is hereby directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.50,000/-(Rupees Fifty thousand Only)with one solvent surety of the likeamount to the satisfaction of the concerned trial Court.
This order will remain operative subject to compliance of thefollowing conditions by the applicant :-
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1. The applicant will comply with all the terms and conditions ofthe bond executed by him;
2. The applicant will cooperate in the investigation/trial, as thecase may be;
3. The applicant will not indulge himself in extendinginducement, threat or promise to any person acquitted with thefacts of the case so as to dissuade him from disclosing such facts tothe Court or to the Police Officer, as the case may be and would notmove in the vicinity of the complainant;
4. The applicant shall not commit an offence similar to theoffence of which he is accused;
5. The applicant will not seek unnecessary adjournments duringthe trial;
6. The applicant will not leave India without previouspermission of the trial Court/Investigating Officer, as the case maybe; andA copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(Anand Pathak)
V. JUDGE