High CourtsSingle Bench

Bhola @ Bholu Gurjar vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 15 December 2021 · Citation: (2021) 12 MP CK 0042

HON’BLE JUDGES
Rajeev Kumar Shrivastava, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 392 · Madhya Pradesh Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 — Section 11, 13 · Arms Act, 1959 — Section 25, 27
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.61439 Of 2021
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Judgment

16 paragraphs · 451 words

Rajeev Kumar Shrivastava, J

This is first application under Section 439 of CrPC for grant of bail. The applicant has been arrested on 01/6/2021 in connection with Crime No.51/2021 registered at Police Station Andori, District Bhind for offence under Section 392 of IPC, Section 11/13 of MPDVPK Act and Sections 25, 27 of Arms Act.

It is submitted by learned counsel for applicant Bhola @ Bholu Gurjar that the applicant has been falsely implicated. He has not committed any offence. He is in jail since last more than six months. It is further submitted that co-accused Anuj Rajawat and Rahul Singh have already been granted bail by this Court by order dated 28/10/2021 passed in MCRC No.53077/2021 and order dated 21/10/2021 passed in MCRC No.49816/2021 respectively and the case of the present applicant is also on the same footings. Hence, prayed for grant of bail to the applicant.

Per contra, learned State counsel opposed the bail application and has submitted that there is criminal history of 9 cases against the present applicant. Hence, prayed to reject the bail application.

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

Considering the fact that co-accused Anuj Rajawat and Rahul Singh have already been granted bail, without commenting upon the merits of the case, the application is allowed and it is hereby directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lakh Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court for his regular appearance before the Court on the dates given 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/her;

2.

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

3 . The applicant will not indulge herself/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 an offence of which he is accused;

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

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/direction.