Dharamveer Jatav vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

The representative from the Office of Advocate General, Gwalior, appeared on behalf of State along-with case diary.

Therefore, the matter is heard finally on the basis of documents available on record as well as impugned order passed by Court below.

T he applicant- Dharamveer Jatav has filed this first application u/S.439 Cr.P.C for grant of bail.

Applicant has been arrested on 18/11/2021 by Police Station Morar, District Gwalior (M.P.) in connection with Crime No.1021/2021 registered for offences under Sections 399, 400, 402 of the IPC, Sections 11, 13 of the MPDVPK Act and Sections 25, 27 of the Arms Act.

As per pleadings of the application, the present applicant is innocent. He has not committed any offence. He has falsely been implicated in the case. The applicant is in custody since 18/11/2021. The allegations leveled against the present applicant are false. The applicant is aged around 30 years and the only bread earner of his family. If he is kept in custody, his family members will face starvation. There is no-one male member in his family to look after his parents and minor children. Now, 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, the applicant prays for grant of bail.

Perused the documents available on record as well as the case diary. Considering the facts and circumstances of the case along-with the fact that trial will take its own time, 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 Lakh 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 :-

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 any offence otherwise 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; and

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.

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

Certified copy as per rules.