Chandraveer Singh vs State Of Madhya Pradesh

The applicant has filed this second bail application u/S 439, Cr.P.C. for grant of bail. Earlier first bail application was dismissed as withdrawn vide order dated 07/12/2018 passed in M.Cr.C. No. 41366/2018.

The applicant has been arrested on 18/09/2018 by Police Station Myana District Guna (M.P.) in connection with Crime No. 156/2018 registered in relation to the offences punishable under Section 395 of the IPC.

Prosecution story in short is that applicant alongwith co-accused on 08/09/2018 in the night tied the complainant with rope and took away two tractors trolleys. On the aforesaid basis, crime has been registered.

Learned counsel for the applicant submits that he has falsely been implicated in the matter and he is in custody since 18/09/2018. It is submitted that no further custodial interrogation is required in the matter and applicant has been made accused on the basis of memorandum recorded under Section 27 of the Evidence

Act which has not evidencary value. It is further submitted that no recovery has been made from the applicant and no TIP has been conducted. There is no criminal history against the applicant. It is submitted that if he is released on bail he is ready to cooperate in the investigation and abide the conditions as imposed by this Court. On these grounds, applicant prays for grant of bail.

On the other hand, learned Public Prosecutor and learned counsel for the complainant opposed the application prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

After hearing aforesaid arguments and looking to the period of custody, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be be released on bail on furnishing a personal bond in the sum of Rs. 50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court/Committal Court for his appearance during trial on the dates fixed by the concerned 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, asthe case may be.

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

C.c. as per rules.