High CourtsSingle Bench

Anees Gurjar vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 13 February 2020 · Citation: (2020) 02 MP CK 0054

HON’BLE JUDGES
Rajeev Kumar Shrivastava, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 384, 392 · Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 — Section 11, 13
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No. 44921 Of 2019
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Judgment

25 paragraphs · 454 words

This is first application under Section 439 of Cr.PC for grant of bail.

The applicant has been arrested on 13/09/2019 in connection with Crime No.276/2019 registered at Police Station Purani Chhawni, District Gwalior

(M.P.) for offence under Sections 384, 392 of IPC and under Section 11/13 of MPDVPK Act.

It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the case. The applicant is in custody since

13/09/2019. It is further submitted that the applicant is of young age and trial will take its own time. It is also submitted that there is no criminal

antecedent of the applicant and he is ready to abide by any condition which may be imposed by this Court. It is further submitted that co-accused has

already been granted bail by this Court on 27/01/2020 passed in M.Cr.C. No.48724/2019. Under these circumstances, he prayed for grant bail to the

applicant.

Per contra, learned State counsel has opposed the same and prayed for rejection of the application.

Considering the submissions made by learned counsel for the parties and the facts and circumstances of the case, this Court is inclined to extend the

benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the applicant be released on bail on

furnishing a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in 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 :-

1.

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

2.

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

3.

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;

4.

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

5.

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

6.

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 as well as copy of the order be given to the learned Public Prosecutor with a

direction to keep the same in the concerned case diary.

Certified copy as per rules.