Brajesh @ Gutali vs State Of Madhya Pradesh

The applicant has filed this first application under section 439 of the Cr.P.C. for grant of bail.

The applicant has been arrested by Police Station Mehgaon, District Bhind (M.P.) in connection with Crime No.221/2019 registered in relation to the offence punishable under section 392 of IPC and sections 11/13 of M.P. Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 and further added sections 394, 395 and 397 of IPC.

The allegation against the applicant, in short, is of snatching of one black bag in which Rs.70,000/- was kept and one gold chain. On the aforesaid basis, crime has been registered.

Learned counsel for the applicant submits that the applicant has been falsely implicated. He has been made an accused in this case on the basis of memorandum of co-accused taken under Section 27 of the Evidence Act. He is in custody since 22.6.2019. Charge-sheet has been filed. No further custodial interrogation is required. Conclusion of trial is likely to take time and there is no likelihood of his absconsion if released on bail. With the aforesaid submissions, prayer for grant of bail is made.

Learned Public Prosecutor 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.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, without expressing any opinion on merits of the case, this application is allowed but with stringent condition and it is directed that the applicant namely- Brajesh @ Gutali be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lakh Only) with one solvent surety 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 :-

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/her 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 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 appear before the trial Court on first of every month during pendency of the trial.

It is made clear that in case of bail jump, this order shall automatically stand cancelled.

A copy of this order be sent to the Court concerned for compliance.

Certified copy as per rules.