High CourtsSingle Bench

Aniket @ Anya vs State Of M.P

Madhya Pradesh High Court · Decided on 10 December 2021 · Citation: (2021) 12 MP CK 0024

HON’BLE JUDGES
Rajeev Kumar Shrivastava, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 120B, 394, 395, 397 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.60833 Of 2021
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Judgment

18 paragraphs · 539 words

Rajeev Kumar Shrivastava, J

The applicant has filed this second bail application u/S.439 Cr.P.C for grant of bail.

Applicant has been arrested on 16.05.2021 by Police Station Aron Distt. Guna (M.P.) in connection with Crime No.313/2021 registered for offence under Sections 394, 395, 120-B, 397 of IPC.

It is submitted by learned counsel for the applicant- Aniket @ Anya that the applicant has not committed any offence. He has falsely been implicated in this case. Applicant is in custody since 16.05.2021. It is further submitted that co-accused Manoj Singh has already been granted bail by this Court vide order dated 15/11/2021 passed in M.Cr.C. No.55507/2021 and the case of present applicant is on same footing. Investigation is complete and charge-sheet has been filed. Trial will take its own time. Applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, prays for grant of bail to the present applicant.

Learned State counsel has vehemently opposed the application and has submitted that offence is registered against the applicant under Sections 394, 395, 120-B, 397 of IPC, wherein various articles have been seized from the possession of the present applicant. Hence, prayed to reject this application filed for grant of bail to the applicant.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case diary.

Considering the facts and circumstances of the present case, and the fact that co-accused Manoj Singh Raghuvanshi has already been granted bail by this Court coupled with the fact that the applicant is in custody since 16.05.2021, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lac 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 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4.

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;

5.

The applicant will not move in the vicinity of complainant party and applicant will not seek unnecessary adjournments during the trial;

6.

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

7.

The applicant shall mark his presence before the SHO of the concerned Police Station once in every month till conclusion of trial.

Application stands allowed and disposed of.

E-copy of this order be sent to the trial Court concerned for compliance.

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