Chhotu @ Bowler vs State Of Madhya Pradesh

The applicant has filed this first bail application u/S.439, Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Indergad, District Datia in connection with Crime No.360/2018 registered in relation to the offences punishable u/Ss. 450, 394, 506 of IPC & Section 11/13 of MPDVPK Act.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter. Test Identification Parade has already been conducted wherein the applicant was not identified. FIR has been lodged against the unknown persons. He is in custody since 31.10.2018. The trial will take some time to conclude. Under these circumstances, he prays for grant of bail.

Learned Public Prosecutor for the respondent/State opposed the prayer on the ground that one motorcycle without number and one live cartridge of .315 bore have been seized from the possession of the applicant. Hence he prayed for dismissal of the application.

Heard learned counsel for the parties and perused the case diary.

Considering the submissions advanced by the counsel for the rival parties and on perusal of the case diary, without expressing any opinion on the merits of the case, this Court deems it appropriate to allow this application in the following terms.

It is hereby directed that the applicant shall be released on bail on his furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the 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 acquitted 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 will not seek unnecessary adjournments during the trial;

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

It is further directed that the applicant shall not commit an offence similar to the offence of which he is accused otherwise this bail order shall automatically stand cancelled.

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

Certified copy as per rules.