Pawan vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

This is the first application under Section 439 of CrPC for grant of bail. The applicant has been arrested on 28/10/2021 in connection with Crime No.175/2021 registered at Police Station Sirol, District Gwalior (M.P.) for offence under Section 392 of the IPC and Section 11, 13 of the MPDVPK Act.

It is submitted by learned counsel for applicant- Pawan that the applicant is innocent. He has not committed any offence. He has falsely been implicated in the case. The applicant is in custody since 28/10/2021 i.e. more than two months. It is further submitted that the allegation of recovery of one gold chain from the possession of the applicant is false. There is no criminal antecedent against the present applicant. Now, investigation is about to complete. Remaining investigation and trial will take its own time. Applicant is ready and willing to abide by any condition which may be imposed by this Court in case of grant of bail. Hence, prayed for grant of bail to the applicant.

Per contra, learned State counsel opposed the bail application and has submitted that today case dairy is not available. It is reflected from the order of the trial Court that the offence is registered under Section 392 of the IPC and Section 11, 13 of the MPDVPK Act wherein the applicant has committed loot of one gold chain valued Rs.80,000/-. Considering the nature and gravity of offence along-with the fact that investigation is still pending, learned State counsel prayed for rejection of this bail application.

Heard learned counsel for the rival parties and perused the documents available on record.

Considering the arguments advanced by learned counsel for the applicant, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant be released on bail, only if it is found that there is no criminal antecedents of the present applicant, on his furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lakh only) with one solvent surety in the like amount to the satisfaction of the Court concerned for his regular appearance before the trial Court concerned on the dates fixed by it.

This order will remain operative subject to compliance of the following stringent 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand cancelled;

The applicant will not move in the vicinity of complainant party and 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.

Application stands disposed of in above terms.

Let a copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.