Banti vs State of M.P.

D.K. Paliwal, J.—Heard.

Perused the case diary

This is third application u/s 439 of Cr.P.C. The applicant has been arrested in Crime No. 683/2013 registered at Police Station, Dabra, District Gwalior, for the offence punishable under Sections 406, 407 and 120B of IPC. The first application (M.Cr.C. No. 643/14) and second application (M.Cr.C. No. 2502/14) have been dismissed vide order dated 10.2.14 and 26.3.14.

As per prosecution case, complainant Awadhesh Gupta is a commission agent of Shri G. Road Carrier, Balla Ka Dera, Gwalior-Jhansi Road, Dabra. On 13-09-2013, at about 11:00 O'' clock in the morning, on a vehicle bearing registration No. UP 93T9059 driver Bhore Khan with Banti Goswami and Hari Singh Parihar came there and told that their vehicle is available and asked to provide goods for transporting to Indore line. The complainant was not acquainted with them, so, he asked for guarantee, whereupon the accused told that their in-law Sattar Khan resides at Dabra who will furnish guarantee. They called Sattar Khan and thereafter Sattar Khan furnished the guarantee. Since the complainant knew Sattar Khan, therefore, he believed, but complainant for safer side noted Chassis number and engine number of the aforesaid truck. Thereafter, the complainant talked with employees of ITC company who told that 280 quintals of wheat are to be transported to Pithampur/Indore. Thereafter, the complainant loaded goods on the aforesaid vehicle and also gave Rs. 30,000/- as advance to Hari Singh Parihar. When the vehicle did not reach the destination at the scheduled time, then the complainant inquired about the vehicle from the owner of the vehicle Neeraj Sonkiya, who told that the vehicle has gone out of order and thereafter he disconnected his mobile. When the complainant was unable to contact him, he tried to search the vehicle and took the information from village Chhimak. He met with Banti and Hari Singh who were immediately handed over to Station House Officer, Dabra, but they were freed by the police after some enquiry. On basis of aforesaid, the report has been lodged by the complainant.

Learned counsel for the applicant submits that after rejection of the second bail application, co-accused Harisingh and Ishak have been granted bail vide order dated 6.5.14 and 18.6.14 passed in M.Cr.C. Nos. 298/2014 and 2923/14 respectively and the case of present applicant is identical to that of co-accused. The applicant is in custody since 2.1.14. Hence, prayed for bail.

The prayer is opposed by learned Public Prosecutor.

Co-accused Harisingh and Ishak have been enlarged on bail. The allegation against the applicant is identical with co-accused Harisingh. Hence, on the ground of parity, but without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court.

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

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the Court concerned for compliance.

C.C. as per rules.