Bhura Gurjar vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

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

The applicant has been arrested on 13.08.2019 by Police Station Antari, District Gwalior (M.P.) in connection with Crime No.89/2019 registered in relation to the offence punishable u/S.392 of IPC and Section 11/13 of MPDVPK Act.

Learned Panel Lawyer for the State opposed the application and 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.

Allegation of robbery is alleged against the applicant where recovery of cash has been made from the applicant. It is submitted by the counsel for the applicant that the investigation is over by filing charge-sheet and therefore further custodial interrogation of applicant may not be necessary.

In view of above and considering the fact that early conclusion of the trial is a bleak possibility and that prolonged pre-trial detention being an anathema to the concept of liberty and the material placed on record does not discloses possibility of applicant fleeing from justice, this Court is though inclined to extend the benefit of bail to the applicant but with stringent condition in view of nature offence.

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.50,000/- (Rs. Fifty Thousand only) with two solvent sureties each of Rs.25,000/- to the satisfaction of the concerned Trial 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 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 r 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.

The applicant shall mark his presence before the trial court once every fortnight till conclusion of trial.

For the time being this case stands disposed of.